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REVISED <br />POT CREEK <br />MEMORANDUM OF UNDERSTANDING AND AGREEMENT <br />March 1, 2005 <br />This Memorandum of Understanding and Agreement is entered into on this 1 day of <br />March, 2005, by and between the State of Utah and the State of Colorado, acting by and <br />through their duly authorized officers. The following recitals and understandings form <br />the basis for the mutual agreement to administer the interstate Pot Creek: <br />'I <br />I. RECITALS <br />1. Purpose -The major purposes of this Memorandum of Understanding and <br />Agreement are to provide a definitive and mutually accepted mechanism to <br />provide for the equitable distribution of the waters from Pot Creek, to remove all <br />causes of present and future controversy, to promote interstate comity and to <br />establish the obligations of each State with respect to the delivery and <br />administration of waters in the Pot Creek Basin. <br />2. Governine Law - -The State Engineer of Utah and the State Engineer of Colorado, <br />in consultation with the water users of their respective States, shall administer the <br />