Elkhead Reservoir Final Acquisition Agreement

Home Browse Search

component to the Reservoir Enlargement. In the event that the River District develops a hydro-electric power component to the Reservoir Enlargement, the parties hereto consent to the use of the parties' v~~ater through the hydro-electric power generation facility, in conjunction «~ith a requested release of v~~ater by the parties from the Reservoir Enlargement, «:-ithout pa«nent or compensation. In the event that ahydro-electric power generation component to the Reservoir Enlargement is developed, the Recovery Program and~or the C`'~'CB to the extent permitted by law shall have the right to participate in said hydro-electric power generation component by paying a Pro-Rata share of the development costs. The River District shall give the Recovery Program and/or CWCB notice of the planned development of ahydro-electric generation component in accordance «-ith this Acquisition Agreement. The Recovery Program and/or CWCB shall indicate, in «-riting, its intent to participate in the hydro-electric generation component development ~v ithin 60 days of the date of the notice. The development of a hydro- electric po«-er generation component to the Reservoir Enlargement shall not interfere in any way with the Service's right to schedule releases from the 5,000 acre-foot Permanent «Tater Supply pursuant to paragraph V herein for beneficial instream use by the CWCB. B. Short-Term «'ater Su~l~~ Sublease The Lease provides up to 2,000 acre-feet of additional water annually for the Short-Term «'ater Supply for the benefit of endangered native fish species in the Yampa River. The L-ease will be implemented through a 20-year contract with the River District, and Short- Term «,'ater Supply water will be reserved by the Service for release on an "as-needed" basis, as outlined in the L-ease. 2. Pursuant to the terms of the Lease, Reclamation will pay the River District for any water reserved for release from the Short-Term Water Supply. The CWCB will have no financial obligation with regard to the Short-Term Water Supply or the Lease. 3. Reclamation and the Service, on behalf of the Recovery Program, hereby sublease, at no cost to the CWCB, all of their right, title, and interest in the Short-Term Water Supply «-ater leased annually from the River District for use by the CWCB pursuant to the Lease to monitor and protect to and through the Critical Habitat Reach of the Yampa River. The River District hereby consents to said sublease. 4. If the Lease is renewed pursuant to paragraph B therein, this sublease also maybe renewed by letter agreement signed by the parties hereto. III. TER~II~TATIOI\ OF SHORT TERl~i WATER SUPPLY SUBLEASE In the event the Recovery Program, the Service and Reclamation determine that the Short-Term V~%ater Supply provided for in the Lease is no longer needed to support instream flo«:. s within the Critical Habitat Reach, or in the event the L-ease terminates as I:'-e~-LlieatsRi~erDutric~~1-Elkhea3-1J'_8,~~-eemznt~`_acqu ~~rrt~I.w~