Elkhead Reservoir Final Acquisition Agreement

Home Browse Search

All~~El\DED AND RESTATED AGREEMENT This Amended and Restated Agreement is made between by and among the following Parties: Tri-State Generation and Transmission Association, Inc., a Colorado cooperative corporation ("Tri-State"}; Public Sere=ice Company of Colorado, a Colorado Corporation (d/b/a XCEL Energy); Platte River Power Authority, a Colorado political subdivision and power authority; Salt River Project Agricultural Improvement and Power District, an Arizona political subdivision; and Pacificorp, an Oregon Corporation (collectively "Yampa Participants"); and City of Craig, Colorado, acting by and through its water enterprise ("Craig"); and Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise {"River District"). RECITALS A. The Yampa Participants currently hold contracts for the perpetual delivery of water from Elkhead Reservoir. The contracts are (1) an Agreement dated May 1, 1973 ("1973 Agreement") between the Yampa Participants and their predecessors and the State of Colorado, Department of Natural Resources, Diti-ision of Wildlife (with Craig now acting as successor to the State of Colorado} and (2) a Supplemental Agreement dated August 17, 1990 among the same Parties and Craig ("Supplemental Agreement"). The amount of water which the Yampa Participants are entitled to receive by release from the Elkhead Reservoir under those contracts is based upon the amount of water regulated by the existing dam structure above a given elevation, v~~ith that amount being estimated in 1991 at 8,754 acre-feet of storage capacity. B. The purpose of this Amended and Restated Agreement is to amend and restate the 1973 Agreement and the Supplemental Agreement and set forth the Parties' Amended and Restated Agreement related to the ownership of water rights and water storage pools in, the release of water from the water storage pools in, and the operation, maintenance, repair, and replacement of, the enlargement of Elkhead Reservoir. C. Craig is a home rule municipal corporation organized under the laws of the State of Colorado and located in Moffat County, Colorado. Craig owns and/or controls the existing Elkhead Reservoir located on Elkhead Creek near Craig and certain of the water storage rights adjudicated to that reservoir. D. The Colorado River ~'~'ater Conservation District is a political subdivision of the State of Colorado. The River District plans to enlarge the existing Elkhead Reservoir ("Reservoir Enlargement"}. The River District has made agreements with Craig, the Yampa Participants and other entities to allow it to construct the Reservoir Enlargement, and the River District is in the process of obtaining necessary permits from governmental agencies and completing plans and specifications for construction of such an enlargement. Elkhead Reservoir " currently has a design capacity of approximately 13,60 acre-feet of storage capacity. The EXHIBIT a s