Elkhead Reservoir Final Acquisition Agreement

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C. Nothing contained in this Acquisition Agreement shall be construed as binding the United States to expend in any one fiscal year any sum in excess of appropriations made by Congress, contributions from the States participating in the Recovery Program and Colorado River Storage Project Power Revenues provided for the purposes of this Acquisition Agreement for that fiscal year. D. The Lnited States, its officers, agents, employees, and assigns do not assume any liability resulting from the granting of this Acquisition Agreement or the exercise thereof. E. No ~Tember of or Delegate to Congress or Resident Commissioner or official of the United States or the State of Colorado shall benefit from this Acquisition Agreement other than as a ~~-ater user or Lando«~ner in the same manner as other water users or Landowners. F. It is the intent of the parties that this Acquisition Agreement and the Reservoir Enlargement Agreement be construed together to the extent possible. In the event of any irreconcilable conflict between the terms of this Acquisition Agreement and the terms of the Reservoir Enlargement Agreement, the terms of this Acquisition Agreement shall control. XII. ASSIG'~1~TENT OR DISPOSITION In the event the Service, in consultation «~ith the Recovery Program, determines that the Permanent `'Vater Supply is no longer needed to maintain occupied habitat for endangered fish in the Critical Habitat Reach of the Yampa River, the CWCB may use or dispose of the «-ater right and easement conveyed in paragraph II.A.2. herein. Within 120 days of such a determination by the Service, the parties hereto shall meet to discuss disposition and use of the Permanent Water Supply, and reallocation of the responsibilities and obligations of the United States, Reclamation, the Service and the Recovery Program. The C~~'CB shall have the right to pay afro-Rata share of the Reservoir Enlargement's O'~i&R costs and thereby continue to utilize the Permanent Water Supply solely for in- river fish habitat and river flo~~° maintenance and enhancement uses in the Yampa River Basin. In the event the CWCB, in consultation with the Service, Recovery Program and Reclamation, decides not to pay OM&R costs and use the Permanent Water Supply solely for in-river fish habitat andior river flow maintenance and enhancement uses, then the C~'~'CB may assign, transfer, sell, or convey any part or all of the property interests described in paragraph II.A.2. herein. Any disposition of any part or all of the property interests described in paragraph II.A.2. herein shall be in accordance with federal regulations, if any, that are in effect at the time of the disposition and are applicable to the disposition of property funded with federal contributions. The CWCB hereby gives the River District a first right of refusal to purchase such property interests or assume the I= ' ~~ Cli.ncs Ri:-z- Jisnic[ 31-Elki?ead-1028 _~~-eementU ~~cqi- ~~n l.~ D~~c-n~2r_~. ~~,;~~ ag 3 of 17