Elkhead Reservoir Final Acquisition Agreement

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L. V6'ater Account. The River District shall maintain a separate account of «=ater available to the Short-Term `Water Supply. The Short-Term Water Supply account shall be created on the date on which the River District first makes the Short-Term Water Supply available, regardless of «~hether the Service calls for any water to be released during that year. The Short-Term Water Supply account shall be credited as the Reservoir Enlargement fills in priority as further described in Paragraph M. On March 1 of each year, the River District shall balance the Short-Term Water Supply account. Any v~~ater from the Short-Term Water Supply account that was actually released for beneficial use by the Service or the River District (pursuant to Paragraph G), shall be deducted from the Short-Term Water Supply account. M. Shortages. On account of drought, errors in operation, operational constraints on the Reservoir Enlargement, legal circumstances, or other causes, there may occur at times a shortage during any year in the quantity of water available to be released from the Reser~.Toir Enlargement, and in no event shall any liability accrue against the parties hereto for any damage direct or indirect, arising therefrom. In the event of a hydrological shortage in the Elkhead Creek basin that prevents the storage space owned by the River District (including the Short-Term Water Supply) and the CWCB (Permanent Water Supply) from filling, then the storage space allocated to the Short- Term Water Supply in the Reservoir Enlargement shall fill after the storage space owned by both the River District (excluding the Short-Term Water Supply) and the CWCB has obtained an actual or paper fill. In any situation other than a hydrological shortage where a shortage may occur (such as an operational shortage), the River District shall apportion, on a pro-rata basis, its available water supply among this Lease and other lease or contract holders with the River District. For purposes of this Lease, the term "pro-rata" shall have such meaning as defined in the Reservoir Enlargement Agreement between Reclamation, the Service and the River District, dated 17~' day of February, 2005. N. Default of PaXrnent Obli~ ations. The River District shall not make water available from the Short-Term Water Supply to the Service, or the CWCB, during any period in which Reclamation is in arrears in the payment of water rates due the River District as provided herein. O. Sublease~Assi~ ent. The River District hereby consents to Reclamation and the Service, on behalf of the Recovery Program, subleasing or otherwise assigning all of its right, title, and interest in the Short-Term Water Supply to the CWCB to monitor and protect water releases from the Short-Term Water Supply to and through the Critical Habitat Reach to assist in the recovery of endangered fish in the Yampa River. In the event of any sublease or assignment, Reclamation shall guarantee the payment obligations pursuant to Paragraph E. Reclamation and the Service shall not sublet, sell, donate, loan or otherv~~ise dispose of any of its rights to the Short-Term Water Supply to any party other than the CWCB without the express written consent of the River District, which consent shall not be unreasonably withheld. I`?00~ =Clients -Rim er District~31-Elkhead-1028--~~8reements;,20 Year Lease fir~al.wpd Februar~~ ~~. 2003 ~j