Elkhead Reservoir Final Acquisition Agreement

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C. Delivery. The River District will deliver the Short-Term Water Supply at the outlet works of Elkhead Reservoir . As provided in Article VI of the Acquisition Agreement, the Service, and/or the CWCB, in conjunction with the Division Engineer for Water Division No. 6, shall be solely responsible for ensuring that water from the Short- Term ~?~'ater Supply is delivered from the outlet works of Elkhead Reservoir to the desired place of use. With the exception of the obligations in Paragraph D, the River District shall have no responsibility once the Short-Term Water Supply is released at the outlet. The Lessees (Reclamation, the Service, and/or sub-lessee the CWCB) shall be exclusively respansible for transit losses assessed by the Division Engineer associated «,ith water released from the Short-Term Water Supply. D. ~~Vater Measurements. The River District shall measure at the outlet works of Elkhead Reservoir all water delivered from the Short-Term Water Supply account and, if requested by the Division Engineer, shall provide the Division Engineer for Water Division No. 6 and the parties hereto accounting report(s) listing the date, time and amount of such releases delivered pursuant to this Lease. E. Price. Reclamation on behalf of the Recovery Program shall be obligated to pay for any water made available under this Lease at the request of the Service pursuant to Paragraphs F and H, at a rate of $50.00 per acre-foot requested, regardless of «.~hether all or any portion of that water is actually released from storage (at the request of the Service). On or before March 31 each year of the Short-Term Water Supply Lease, the River District shall submit to Reclamation an invoice for the prior year together with «~ater delivery records shove=ing the total amount of Short-Term Water Supply water requested for release by the Service as provided in Paragraphs F and H herein. Said invoice shall be due 90 days from the date the invoice is sent. F. Annual Allocations. The Service shall provide notice to the parties hereto of its intent to take a given amount of the Short-Term Water Supply in accordance with the following schedule: 1. On or before May 1 each year of the Short-Term Water Supply Lease, the Service shall provide such notice of its intent to take 500 acre-feet of the Short-Term Water Supply or relinquish the full 2,000 acre-feet to the River District; 2. On or before June 1 of any year in which the Service requests 500 acre-feet of water pursuant to Paragraph F.1., the Service shall provide notice of its intent to take an additional 500 acre-feet of the Short-Term Water Supply or relinquish the remaining balance of 1,500 acre-feet to the River District; 3. On or before July 1 of any year in which the Service requests a total of 1,000 acre-feet of water pursuant to Paragraphs F.1. and F.2., the Service shall provide notice of its intent to take the remaining balance of 1,000 acre-feet of I: ?004~:Clients~.Ri~er Ditricf 31-Elkhead-1028'v'~~eements~20 Year Lease fin~Lwpd December 1', ?004 4