Elkhead Reservoir Final Acquisition Agreement

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stored in the Reservoir Enlargement pursuant to the interests granted in paragraph II.A.2. herein. F. Operation of the Elkhead Reservoir Enlargement and apportionment of any water shortages shall be consistent with the provisions of (1) this Acquisition Agreement and (2) the Amended and Restated Agreement betv~,~een the River District, the City of Craig, and the Yampa Participants. G. The 20 Year Lease describes the process for scheduling releases of water from the Short Term ~'~'ater Supply. The Service shall provide CWCB, Division 6 Engineer, Reclamation, and the reservoir operator with written notice of any water releases or changes to release schedules 24-hours in advance so that CWCB can monitor and protect such releases to and through the Critical Habitat Reach of the Yampa River. The Service «-i11 consult with the C`~'CB during the release period to achieve the objectives of the Recovery Program, the Service and the CVG'CB. H. The River District shall annually provide Reclamation; the Service, and CWCB with a summary of releases from the Permanent Water Supply for the prior calendar year by April 1'` of the following year. ~'I. 1~TO~TITORIN G ~'~TD ENFORCEMENT A. The Sera ice, through the Recovery Program, shall install, operate, maintain, and replace any waterflow measuring and recording devices required by CWCB or the Division 6 Engineer to ensure that the v<~ater is delivered to and through the Critical Habitat Reach. B. The C~?~'CB shall take such action under state lave, including requesting administration by the State Engineer and the Di~-ision 6 Engineer and initiating w ater court proceedings, as maybe necessaryT to fully exercise its water right, to deliver the water from the outlet v~-orks of the dam from vvrhich the vv-ater is released to the Critical Habitat Reach, and to protect the release from diversion by third parties within the Critical Habitat Reach, subject to such transit losses as may be imposed by the State Engineer or the Division 6 Engineer. C. The C~'~'CB and the Service shall comply with the provisions of the Enforcement Agreement in the enforcement and protection of the vvrater acquired herein. ~"II. 1~IEASLTREMEI~TT A'~D DELI~TERY A. Releases of «;-ater from the Elkhead Reservoir Enlargement made pursuant to this Acquisition Agreement will be measured by the River District at the outlet works. B. The C`'~'CB shall ensure that all water released by the River District at the direction of the I__~~'~ Clients`=Rig-erDistricC=l-Elkhead-Iu2E ~~eemenU_Acq~ ~~n I.vw D:ee::~er?+~.'_+~~~ ag 1 of 17