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EXHIBIT
<br />SPECIAL WA~tR.ANTY DEED
<br />(Grant of Easement)
<br />THIS DEED, made this day of , 200_, by and between
<br />s
<br />the COLORADO RIVER W ATER CONSERVATION DISTRICT, acting by and through
<br />its Colorado River Water Projects Enterprise (hereinafter "Grantor"),apolitical
<br />subdivision of the State of Colorado, whose address is P.O. Box 1120, Glenwood
<br />Springs, CO 81 b02 ("Grantor").
<br />and
<br />the STATE OF COLORADO, acting by and through the Colorado Water Conservation
<br />Board, whose address is 1313 Sherman Street, Room 721, Denver, Colorado
<br />80203 ("Grantee").
<br />WI~REAS, this Special Warranty Deed is granted pursuant to the terms and conditions
<br />of the Acquisition Agreement for the Elkhead Reservoir Enlargement, which Agreement was
<br />entered into on the day of , 200_ between Grantor, Grantee and the United States
<br />of America, Department of the Interior, Bureau of Reclamation and Fish and Wildlife Service;
<br />and
<br />WHEREAS, pursuant to the Acquisition Agreement and other agreements between the
<br />parties, Grantor has received monies from the State of Colorado and the United States on behalf
<br />of the Upper Colorado River Endangered Fish Recovery Program to assist with the construction
<br />of the Elkhead Reservoir Enlargement; and
<br />`WHEREAS, pursuant to the Acquisition Agreement, Grantee will use the property
<br />granted herein in furtherance of the goals of the Upper Colorado River Endangered Fish
<br />Recovery Program; and
<br />`WHEREAS, the successful implementation of the goals of the Upper Colorado River
<br />Endangered Fish Recovery Program will benefit the citizens of the State of Colorado and the
<br />constituents of the Colorado River Water Conservation District by allowing water development
<br />to proceed in the Colorado River Basin consistent with state water law and in compliance with
<br />the Federal Endangered Species Act.
<br />WHEREFORE WITNESSETH, that the Grantor, for and in consideration of the benefits
<br />described above and other good and valuable consideration, the receipt and sufficiency of which
<br />is hereby ackno«.~ledged, has granted, bargained, sold and conveyed, and by these presents does
<br />grant, bargain, sell, convey and confirm, unto the Grantee and its assigns forever, the following
<br />easement situate, lying and being in Routt and Moffat Counties, State of Colorado:
<br />A 5,000 acre-foot perpetual water storage space easement behind the
<br />Elkhead Reservoir Dam and within the Elkhead Reservoir Enlargement area
<br />located in Sections 1, 2, 3, 4, 9,10,16, and 21, Township 7 North, Range 89
<br />'Vest, 6~' Principal Meridian, Moffat and Routt Counties, Colorado.
<br />I: Z004'~Clients°,River District`31-Elkhead-102R44greementsSpec V1%arranty Deed-finaLwpd
<br />December 20, 2004 Page 1 of 3
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