Elkhead Reservoir Final Acquisition Agreement

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Agreements are incorporated herein by reference and made a part hereof. The River District also has entered into a Grant Agreement with Reclamation, attached hereto as Exhibit B and incorporated herein; and an Agreement with Reclamation and the Service Concerning Elkhead Reser~=oir Enlargement to Facilitate Recovery of Endangered Fish Species in the Yampa River Basin ("Reservoir Enlargement Agreement"), attached hereto as Exhibit C and incorporated herein. Reclamation and the Service intend to work with the River District to perfect the conditional storage right for the Elkhead Reservoir Enlargement so that the River District can convey the storage space easement and 5,000 acre-feet of the absolute water right for the Permanent Water Supply to CWCB in perpetuity for Recovery Program purposes, including for piscatorial and recreational use (including in-river fish habitat and river flow- maintenance and enhancement uses; and uses in furtherance of the Recovery Program); and 1 ~. «'HEREAS, the River District is «,illing to convey to the CWCB a 20/47th interest in the River District's ownership of the storage capacity of the Elkhead Reservoir Enlargement and in certain water rights owned by the River District decreed to fill the Elkhead Reser~-oir Enlargement to provide the Permanent VWater Supply, after those water rights have been decreed absolute, in exchange for the Recovery Program paying for 20/47ths of the costs of constructing the Reservoir Enlargement. The River District, Reclamation and the Service shall be responsible for placing to beneficial use the water subject to the conditional water storage right prior to conveying that water right to the CWCB. Once the conditional «-ater right has been placed to beneficial use, the River District will file the necessary pleadings, and prosecute the case, to make the right absolute. After the «-ater storage right in the Reser~=oir Enlargement has been made absolute, the River District intends to convey a 20/47th interest in the storage capacity and the absolute water right to the CWCB for the Permanent Water Supply in perpetuity for uses including in- river fish habitat and river flow maintenance and enhancement uses, and uses in furtherance of the Upper Colorado River Basin Endangered Fishes Recovery Program; the C`~TCB will hold and administer these rights in furtherance of the Recovery Program; and 1=1. ~'~'HEREAS, the Reservoir Enlargement Agreement, inter alia, addresses the Recovery Program's long-term obligation to pay apro-rata share of the River District's future Reservoir Enlargement operation, maintenance and repair costs allocated to the CWCB's Permanent VWater Supply storage space easement; and 1~. `'WHEREAS, the River District is willing to enter into aShort-Term (20 years) Water Supply Lease with Reclamation and the Service for up to 2,000 acre-feet of water annually to be used by the Recovery Program for the benefit of the endangered native fish species in the Yampa River Basin ,which agreement is attached hereto as Exhibit D and incorporated herein, ;and 16. `'WHEREAS, Reclamation and the Service, on behalf of the Recovery Program, are I: ' ~~_~~ Cli2!iG'Rl~-2r TJli71C ? I-Elkhza3-I Q38 _~~eement~ _~cq'n ~~nt ~al.w~ D~~z: ~c~r ~. ~,~~~ j'ag 4 of 17