Elkhead Reservoir Final Acquisition Agreement

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Ser~-ice pursuant to this Acquisition Agreement, less transit losses, as measured at the Maybell gage or other appropriate locations, will be delivered and protected by the Di~-ision 6 Engineer to and through the Critical Habitat Reach, C. Neither Reclamation, the River District, nor the Service shall be responsible for the deli~-ery, control, carriage, use, handling, or distribution of water provided pursuant to this Acquisition Agreement, delivered beyond the outlet works of the reservoir. ~~III. REPORTII~TG AND ACCOLTI~TTII`TG The Seri-ice shall prepare and provide an annual report to the parties hereto of v~~ater released from the Permanent and Short Term Water Supplies. The Service shall document the benefits of using the water stored in the Elkhead Reservoir Enlargement towards recovery of the Endangered Fish as part of its annual Recovery Program progress reports on this matter. The CWCB, in consultation with the Division 6 Engineer, shall provide an annual report to the parties hereto on the amount of water actually protected through the Critical Habitat Reach. Imo. SliFFICIEl`TT PROGRESS L se of this «rater for the benefit of endangered fish and protection of critical habitat in the Critical Habitat Reach shall contribute to completion of the Recovery Program's RIPRAP and shall be considered in determining whether there has been sufficient progress under the Recovery Program. ~. C~'~'CB ACTION Any action by C`'~'CB to acquire the water, water rights or interests in water described herein shall comply with the Enforcement Agreement and the CWCB's Rules Concerning the Colorado Instream Flo«~ and Natural Lake Level Program ("ISF Rules"). I~ ot«-ithstanding the foregoing, the parties acknowledge and understand that the water rights acquired under this Acquisition Agreement are not subject to modification under section 37-92-102(4), C.R.S. or the ISF Rules. XI. l~IISCELL<~EOtiS PROVISIOI~TS A. The provisions of this Acquisition Agreement shall apply to and bind the successors and assigns of the parties hereto and no assignment or transfer of this Acquisition Agreement or any right or interest herein, shall be valid until approved in writing by the parties hereto. B. All of the provisions of this Acquisition Agreement shall survive the closing of the con~-eyance required by paragraphs II.A and B herein, and shall not merge therewith. I: '-~ ~~+ Clients t2i~-er Discricr=~ I-Elkhead-10?8 _-~~eemenU _Acgn _~~n I.~ Dece:n^.r ~0_ '~~~-I ag 2 of 17