Elkhead Reservoir Final Acquisition Agreement

resources of the Colorado River and its principal tributaries, and is vested with sufficient authority to recei~=e and manage funds and to coordinate certain activities under the Recover:- Implementation Program-Recovery Action Plan ("RIPRAP") benefitting the four Colorado River endangered fishes and water resources in general. The River District o«-ns and conducts a business engaged in «~ater activities pursuant to the Colorado Water Activity Enterprise Act, Article 45.1 of Title 37, C.R.S., in order to provide for the beneficial use of water within the District. The River District's Board of Directors confirmed its authority to operate such a business by Resolutions adopted on July 16, 1985, October 19, 1993, October 19, 1999, and October 17, 2000. For purposes of this Acquisition Agreement, the River District is acting by and through its Colorado River Z'~'ater Projects Enterprise and;`or by and through its Board of Directors, or both, as determined by the River District. The River District has authority to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and future,'' «-hich includes the authority to construct, own, operate, and maintain water storage facilities; and 5. ~'~'HEREAS, the C`'~%CB is a state agency «-ithin the Colorado Department of Natural Resources (DNR) created for the purpose of aiding in the protection and development of the «-aters of the state for the benefit of the state's present and future inhabitants. The C~~'CB is authorized by section 37-92-102{3), C.R.S., to acquire from any person, including any governmental entity, such water, «rater rights or interests in «~ater as the C~'~'CB determines maybe required for instream flo`vs to preserve or improve the natural environment to a reasonable degree and to take whatever action maybe needed to ensure such instream flo«-s remain in the river: and 6. «'HEREAS, the Service and the C~'~'CB entered into a Memorandum of Agreement dated September 21, 1993, attached hereto as Exhibit A, concerning enforcement and protection of endangered fish species' instream flo«~s ("the Enforcement Agreement") and the Ser~-ice is relti~ing upon the CV~'CB to appropriate, acquire and enforce instream flow «-ater rights for the listed species under state law; and 7. ~'~THEREAS, pursuant to Article 92, Title 37, C.R.S., as amended, the State Engineer's Office is responsible for the administration and distribution of the «-aters of the State, and, under Article 92, Title 37, C.R.S., the CWCB may call upon the State Engineer and the Division Engineer for `'eater Division 6 ("Division 6 Engineer") to administer water, «-ater rights or interests in ~~-ater held by the CWCB for instream flows to preserve or improve the natural environment to a reasonable degree within the Critical Habitat Reach of the ~'ampa River, «-hich enforcement actions are more fully described in the Enforcement Agreement and in this Acquisition Agreement; and 8. ~~'HEREAS, the Service has agreed that any acquisition of «~ater, water rights, or interests in «:-ater by the C~~'CB for the benefit of the four listed fish species shall be considered in determining whether there has been sufficient progress for the Recovery Program to I:'=~~-:Cer_ts~~i~-erD:.tricc~l-E'ilchead-I!~'~_~~eetttznts`_-~cq'n~Vrrt' al.w 3_ ~aQe 2 of 1 ~ Januan_- ~_ _!,~_~ ~ ~