Elkhead Reservoir Final Acquisition Agreement

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includes the authority to construct, oven, operate, and maintain vt~ater storage facilities; and WHEREAS, The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to the provisions of section 37- ~6-101, et seq., C.R.S.; and V~'I~REAS, the Recovery Program has determined that the following water supplies are needed within the Yampa River Basin to provide water for endangered native fish species during the critical low-flow periods in the reach of the Yampa River located within the State of Colorado from the confluence of Elkhead Creek downstream to the confluence of the Green River ("Critical Habitat Reach"): 1) 5,000 acre-feet Permanent Water Supply and 2) 2,000 acre-feet Short-Term Water Supply; and WHEREAS, the River District has entered into Agreements with the City of Craig, the Yampa Participants, and the Colorado Division of Wildlife that allow the River District to construct an enlargement of Elkhead Reservoir (the Reservoir Enlargement) on Elkhead Creek tributary to the Yampa River. Pursuant to these agreements, the River District will obtain storage space by the construction of the Reservoir Enlargement. The River District has filed an application (Case No. 02CW 106) in V~Tater Division No. 6 to confirm its appropriation of water from Elkhead Creek to fill the River District's storage space in the Reservoir Enlargement. Upon construction, water from the Reservoir Enlargement will be available to provide a water source for the Permanent Water Supply and the Short-Term Water Supply; and WHEREAS, the River District will convey to the Colorado Water Conservation Board ("CWCB") through a separate Acquisition Agreement the water storage easement and «. ater storage rights necessary for the Permanent Water Supply and the Short-Term Water Supply; and WHEREAS the River District is willing to lease, for a term of 20 years, water to Reclamation and the Service to provide aShort-Term Water Supply of up to 2,000 acre- feet of water annually from the Eikhead Reservoir Enlargement to be used for the benefit of the endangered native fish species in the Yampa River Basin; and WHEREAS, Reclamation and the Service on behalf of the Recovery Program, «.ish to lease from the River District up to 2,000 acre-feet of water annually to be released from the Elkhead Reservoir Enlargement and further intends to make such 2,000 acre-feet of water available for use by the CWCB as a sublessee, to monitor and protect reservoir releases to and through the Critical Habitat Reach to assist in the recovery of endangered fish in the Yampa River. NOW THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are I:'~OO~~Clients'_River District=31-Elkhead-1028 _A~eements`~0 Year Lease f~l.wpd December 1-. 20~`W L