Elkhead Reservoir Final Acquisition Agreement

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including unanticipated, extraordinary or emergency maintenance, repair, and/or replacements that are necessary for long-term operation of the Reservoir. Page 6 River District Obligation -shall mean the obligation of the River District to fund its Pro- Rata share of the Reservoir Enlargement Cost of Construction. The River District Obligation is estimated at X11,775,899.00. Y ampa Participants -consist of Public Service Company of Colorado (d/b/a Xcel Energy), Platte River Power Association, Salt River Project Agricultural Improvement and Power District, Tri-State Generation and Transmission Association, Inc., and Pacificorp, and their successors and assigns. Collectively the Yampa Participants own the right to delivery of approximately 8,522 acre-feet of water storage space in the existing Reservoir subject to contractual terms. Yampa River Basin - a hydrologic unit of the Green River subbasin of the Upper Colorado River Basin; in the context of this Reservoir Enlargement Agreement, the Yampa River Basin encompasses all lands within the drainage basin of the Yampa River in the State of Colorado only. II. Perpetual ~Tater Storage Space Easement and Water Right A. Interests to be Conveyed. Once the water right decreed in Case No. 02CW 106 has been decreed absolute for in-river fish habitat and river flow maintenance and enhancement uses, and uses in furtherance of the Recovery Program, the River District, pursuant to the Acquisition Agreement, shall convey by special warranty deeds to CWCB and CWCB shall accept said absolute water right and a storage space easement, both described as follows: A 5,000 acre-foot perpetual water storage space easement behind the Elkhead Reservoir Dam and v~~ithin the Reservoir Enlargement area located in Sections 1, 2, 3, 4, 9, 10, 16, and 21 Township 7 North, Range 89 West, 6`~ Principal Meridian, Moffat and Routt Counties, Colorado; Together with, 5,000 acre-feet of the total 13,000 acre-feet water right decreed for storage in Elkhead Creek Reservoir Enlargement with an appropriation date of October 16, 2002, as proposed to be decreed in pending Case No. 02CW106, Water Division I~To. 6, 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). I:=-2~°:Clients'~Ri~er Districf`°31-Elkhead-10~8~A~eement;~Reser~=oir Enlargement Agreement final.v~.-pd Januan• 6. '00?