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