Elkhead Reservoir Final Acquisition Agreement

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based on any= partial payments, by any party, of the Recovery Program Obligation. The parties acknowledge that the obligations of Reclamation regarding payment of the Recovery Program Obligation and the River District regarding conveyance of the interests in the Reservoir Enlargement described in paragraph II.A.2. herein are set forth in the Reservoir Enlargement Agreement. The State of Colorado's obligation to provide funds to help satisfy the Recovery Program Obligation are described in the DNR Cost Share Contract, bet«~een the State of Colorado and the River District, dated the 2nd day of February, 200. In the event that a default occurs in the obligations of Reclamation or the State of Colorado to pay the Recovery Program Obligation, any party may appropriate replacement funds to cure such default. 10. The River District's obligation to perform under this Acquisition Agreement is specifically subject to River District's rights described in paragraph VII (Construction Contingencies) of the Reservoir Enlargement Agreement. 11. The parties hereto acknowledge and understand that the River District v~jill use the 5,000 acre-foot «-ater right conveyed herein (the Permanent Water Supply) for piscatorial and recreational uses ~~-ithin the Elkhead Reservoir Enlargement ~;chile said water is stored prior to a release of the ~~c-ater scheduled by the Service for beneficial use by the CWCB. The Parties consent to the recreational use of the Reservoir Enlargement by the public, including on top of or in any « ater owned by the CWCB and stored in the Reservoir Enlargement, including but not limited to those recreational uses described in the Special `Warranty Deed from the State of Colorado to the City of Craig dated March 28, 1991 and recorded October 1, 2002 at Document I~To. 2002E 4329 and October 4, 2002 at Document Igo. X70795 in the records of the Offices of the Clerk and Recorder for Moffat County and Routt County, respectively. Similarly, the parties consent to such management activities byT the Rig=er District, Craig, the Colorado Division of V~'ildlife, and`or the Colorado Division of Parks, or such other contractor as maybe designated by the River District, Craig or the Colorado Division of V~Tildlife as are necessary to develop, regulate, enhance, and manage the recreational use of the Reservoir Enlargement, wildlife and fish populations, and the water stored therein, including, but not limited to, those management acti~-ities described in the Special Warranty Deed from the State of Colorado to the City of Craig. Ho«~ever, the parties' consent to piscatorial and recreational uses within the Reservoir Enlargement shall not interfere in any way with the Ser~-ice's right to schedule releases from the 5,000 acre-foot Permanent Water Supply pursuant to paragraph ~% herein for beneficial instream use by the CWCB. Additionally, nothing in this Acquisition Agreement shall be construed to interfere with the right of the Service to revie~;= and approve (or deny) the stocking ofnon-native fish species as provided under the "Procedures for Stocking I`on-native Fish in the Lipper Colorado River Basin" bet«-een the Colorado Division of Wildlife and the Service, dated September ~, 1996. 12. The River District reserves the right to develop ahydro-electric po« er generation I: ':.~~-~ ~ iient~ R:~-cr Dis~i« ~ I-'=lchead-i~~'-- k =~greerienrs ~~cq'n y`mt al.w d 'March -~_ ~_; gage 7 of 17