Elkhead Reservoir Final Acquisition Agreement

Home Browse Search

«-illing to make the Short-Term V`'ater Supply water available for use by the CWCB to monitor and protect to and through the Critical Habitat Reach for the benefit of the endangered fishes. ~ O«' THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby ackno«-ledged, the C~'~'CB, the River District, the Service, and Reclamation agree as follows: TERMS AND COIVTDITIONS I, DEFINITIONS The definitions of terms set forth in paragraph I of the Reservoir Enlargement Agreement shall apply to those terms when used in this Acquisition Agreement. IL CO~~'EYAI`TCES A. Perpetual ~'~'ater Storage Space Easement and Storage Water Right l . After the «:-ater right for the Permanent ~'Vater Supply is placed to beneficial use for the purposes of 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 the Recovery Program Obligation has been paid in full, the River District, after consultation with the parties hereto shall submit the necessary pleadings in the Water Court for Division ?~To. 6 in the name of the River District and prosecute the case to make absolute those conditional water storage rights. 2. Once the «:-ater right decreed in Case ~To. 02CW 106 has been decreed absolute for in- river fish habitat and river flo«- maintenance and enhancement uses, and uses in furtherance of the Recovery Program, the River District shall convey by special warranty deeds to CWCB and Cti'VCB shall accept said absolute water right and a storage space easement. both described as follows: a. A 5,000 acre-foot perpetual «~ater storage space easement behind the Elkhead Reservoir Dam and within the Elkhead Reservoir Enlargement area located in Sections 1, 2, 3, 4, 9, 10, 16, and 21, Tov~~nship 7 I~Torth, Range 89 West, 6~' Principal'Vleridian, Moffat and Routt Counties, Colorado; together with, b. 5;000 acre-feet of the total 13,000 acre-feet water right decreed for storage in Elkhead Reservoir Enlargement v~~ith an appropriation date of October 16, 2002, as decreed in Case ~To. 02CV~T106, Water Division No. 6, for piscatorial and recreational use (including in-river fish habitat and river flov~~ maintenance and enhancement uses, and uses in furtherance of the Recovery Program). I: '~~~~Y Gl:e~ts Ri~-zr DLtric31-Elkhead-1028°_~~zement`°Acq'n ~~nt I.w Dc~~r.:l:cr ,,- ,~>~~ ~ag'~5 of 17