Elkhead Reservoir Final Acquisition Agreement

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2002, as decreed in Case No. 02CWlOb, Water Division No. b, for piscatorial and recreational use (including in-river fish habitat and river flow maintenance and enhancement uses, and uses in furtherance of the Upper Colorado River Endangered Fish Recovery Program). Such water right is conveyed pursuant to and subject to the terms, conditions, rights and obligations of the Acquisition Agreement, between Grantor and Grantee, dated , 200, which Agreement shall survive this Deed. The terms and provisions of the Acquisition Agreement are incorporated herein by reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. Grantor will execute a Special Warranty Deed conveying to Grantee a v~~ater storage space easement in the Elkhead Reservoir Enlargement to be used together with these water rights. TO HAVE AND TO HOLD the said water rights above bargained and described with the appurtenances, unto the Grantee, its heirs and assigns forever. Grantor, for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRA~TT AND FOREVER DEFEND the above-bargained water rights in the quiet and peaceable possession of the Grantee and its assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IlvT V~TITNESS WHEREOF, the Grantor has executed this deed on the date first written above. COLORADO RIVER WATER CONSERVATION DISTRICT, acting by and through the District's Colorado River Water Projects Enterprise By President ATTEST: By General Manager I 200 :Clients ~Ri~~er Dutricr3l-Elkhead-1028,Agreements\~~'ater Deed-fmaLwQd December 20, 2004 Page 2 of 3