Elkhead Reservoir Final Acquisition Agreement

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Page 4 capacity of the Elkhead Reservoir Enlargement and in certain water rights owned by the River District decreed to fill the Elkhead Reservoir Enlargement; and provides for subleasing the Short-Term V~rater Supply Lease to the CWCB. The Acquisition Agreement described in this paragraph is incorporated herein by reference and made a part hereof; and 11. «THEREAS, Reclamation intends to execute a Grant Agreement to transfer funds (up to X2,795,032.00) from Reclamation to the River District to fund (cost share) a portion of the Reco~-er;~ Program's Pro-Rata share of the Reservoir Enlargement Cost of Construction; and 12. WHEREAS, the National Environmental Policy Act (NEPA} and ESA compliance actions required for the construction of the Elkhead Reservoir Enlargement have been completed and resulted in Permit No. 200375136 issued by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, dated February 1 1, 2005. The NEPA and ESA compliance required for the federal agencies to execute this Reservoir Enlargement Agreement is covered under the Elkhead Reservoir Enlargement NEPA and ESA documents described above; and 13. V~rHEREAS, Public Law 106-392, enacted on October 30, 2000, authorizes Reclamation to, among other things, provide cost sharing for capital construction projects under the Recovery Program. Public Law 106-392 also authorizes Reclamation to use power revenues to provide up to ~4 million per year to fund recovery monitoring and research and operation and maintenance of capital project features associated with the Recovery Program through the year 2011. Furthermore the la~u provides for monitoring, operation, and maintenance funding beyond 2011. I`?OVV, THEREFORE, in consideration of the mutual and dependent covenants herein, the parties hereto agree as follows: I. Definitions - as used in this Reservoir Enlargement Agreement. Amended and Restated Agreement - is that Amended and Restated Agreement between the Yampa Participants, the River District, and the City of Craig dated January 21, 2005. City of Craig ("Cram") - is a home-rule municipal corporation organized under the laws of the State of Colorado and located in Moffat County, Colorado. Elkhead Dam and Reservoir ("Reservoir") -consists of the existing dam and the existing water storage space located behind the Dam. The existing Reservoir has a design capacity of 13,137 acre-feet and the dam is located in Section 16, Township 7 North, Range 89 V~'est, 6~' Principal Meridian, Moffat County, Colorado. Elkhead Reservoir Enlargement "Reservoir Enlar e~ ment") -consists of the Dam Enlargement and the water storage space located behind the Dam Enlargement. The I: ?O~~Clients`=.Ri~~er District3l-E~hea~-IG28`<~greements=.Reseneir Enlarcement Agreement final.vrpd b4arch 26, 20Q~