Elkhead Reservoir Final Acquisition Agreement

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continue to function as a reasonable and prudent alternative to avoid the likelihood of jeopardy to those species from existing and new «~ater developments: and 9. «'HEREAS, the Recovery Program has determined a need to acquire 5,000 acre feet of water on a permanent basis (the ``Permanent `'~- ater Supply'') and up to 2,000 acre feet of water on a temporary basis (the ``Short-Term `~%ater Supply') to maintain occupied critical habitat for endangered fish in the Critical Habitat Reach of the Yampa River; and 10. «~ HEREAS, the River District has appropriated a conditional storage right for the Elkhead Reser~-oir Enlargement as more fully described in Water Court Case No. 6- 02C~~T106 for piscatorial and recreational use (including in-river fish habitat and river flo«- maintenance and enhancement uses, and uses in furtherance of the Upper Colorado River Basin Endangered Fishes Recovery Program); and 11. «THEREAS, the River District and the Recovery Program have agreed to cooperate in the construction of an expansion of Elkhead Dam and Reservoir, located on Elkhead Creek, a tributary of the ~'ampa River in Sections 1, 2, 3, 4, 9, 10, 16, and 21, Township 7 North, Range 89 «'est, 6`'' Principal Meridian; Moffat and Routt Counties, Colorado, to develop a water supply that «-i11 be capable, subject to «rater availability based on hydrologic cycles, of providing the Recoveryi Program's Permanent and Short-Term Water Supply needs for endangered native fish species during the critical low-flo«~ periods in the Yampa River Basin, and be available for other beneficial uses to contractees of the River District; and 12. «'HEREAS, the River District has entered into the following agreements: an Intergovernmental Agreement ben~-een the River District and the City of Craig, dated February 1, 2002 (creating a joint ~-enture bet«=een the River District and the City of Craig for the construction of the Elkhead Reservoir Enlargement); a Memorandum of Agreement between the River District, the City of Craig, and the Colorado Division of «'ildlife, dated August 6, 2003 Granting the River District the right to interfere with certain interests owned by the Division in order to construct an enlargement of the existing Elkhead Resen-oir); an Intergovernmental Agreement betv~~een the River District and the City of Craig, dated August 6, 2003 (setting forth the Agreement of the River District and the City- of Craig related to the construction, operation, and maintenance of the Elkhead Reservoir Enlargement); and an Amended and Restated Agreement between the Yampa Participants, the River District, and the City of Craig dated January 21, 2005 (setting forth the Agreement of the River District, City of Craig, and Yampa Participants related to the post-construction operation, maintenance, and repair of the Elkhead Reser~-oir Enlargement). The above-described Agreements beriveen the River District, Craig, Division of «'ildlife, and the Yampa Participants confirm that title to the storage space created by the enlargement of Elkhead Reservoir will vest in the River District. The Elkhead Reser~-oir Enlargement will result in an estimated 11,750 acre-feet of additional storage capacity at the site of the Elkhead Reser~~oir. The above-described I: ' ~~~~ i=lients Ri~-er ~i_trier 31-E"krea3-1:;'- ~ _~~eemetits _~cgit ~`rttt al.w 3 F~~.~.:r_ ~.,~~;_ gage 3 of 17