Elkhead Reservoir Final Acquisition Agreement

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«-ith the terms of paragraph II.B. of the Reservoir Enlargement Agreement. B. The water rights conveyed pursuant to paragraph II.A.2. herein to the CWCB for the purpose of filling the water storage space easement shall have the same priority as those water rights used by the River District to fill the River District's water storage space in the Reservoir Enlargement. Fill of the water storage space easement granted to the C`'~TCB shall be done on a Pro-Rata basis with the fill of the River District's water storage space in the Reser~.~oir Enlargement. The parties acknov~~ledge that the Yampa Participants and the City of Craig o«-n water storage rights decreed for use at the existing Elkhead Reservoir that are senior to the water rights that swill be adjudicated by the River District and conveyed to the C`'~'CB in paragraph II.A.2. herein. The parties acknowledge that the River District's and CWCB's right to store water in the Reservoir Enlargement is subject to the «-ater rights and priorities o«-ned by the Yampa Participants, the City of Craig, and their successors andior assigns. C. The River District agrees that the CWCB shall carry over for use in the next succeeding year any Permanent Water Supply water that v~~as stored but not actually scheduled for release by the Service for beneficial use by the CWCB in the previous year. Any water remaining in the C~?VCB's storage pool for the Permanent Water Supply at the start of fill date established by the Restated and Amended Agreement beriveen the Yampa Participants, the City of Craig and the River District, after subtracting for the past-year's releases, evaporation, and sedimentation, shall be credited to the CWCB's Permanent `~Tater Supply storage pool. The CWCB may not carry over more than 5,000 acre-feet of Permanent ti~Tater Supply water in the Reservoir Enlargement at any time. D. The parties hereto shall meet annually and,%or teleconference as needed to consult on schedules for releasing the Permanent Water Supply from the Reservoir to provide water during critical low-flow periods in the Yampa River Basin. The Service shall provide the parties hereto a preliminary «-ritten schedule of anticipated monthly demands on or before May 1 of each near. Following such consultations, the schedule provided by the Service (which shall make the final decisions regarding this schedule) shall serve as the release schedule to be used by the River District until the Service provides written notice of the schedule's modification. The Ser~-ice may modify its schedule for releasing the Permanent `'~Tater Supply from the Reservoir Enlargement by providing the CWCB, the Ri~-er District and the Division 6 Engineer with a `written change order at least 24 hours in advance of such modification. For the purposes of this paragraph, written notice may consist of either electronic (email) or facsimile transmissions in lieu of correspondence through the L.S. Postal Ser~Tice. E. Deliveries of water from the Permanent V~'ater Supply shall occur at the outlet of the Elkhead Reservoir Enlargement. The River District shall have no responsibility once «-ater stored in the Reservoir Enlargement by the CWCB is released at the outlet. The Division 6 Engineer may assess appropriate transit losses against the release of water I: _~ ~~ ~Y ~ ii~nr~ Ri~-er Disuicc ~ I-E.khea3-IC~?8 _~~zemznU _~cqu ~~r-r~aa~ p~, 0 of 1