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Elkhead Reservoir Final Acquisition Agreement
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Elkhead Reservoir Final Acquisition Agreement
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Last modified
4/15/2016 11:58:53 PM
Creation date
2/26/2009 12:49:41 PM
Metadata
Fields
Template:
Instream Flow Acquisitions
Case Number
02CW0106
Stream Name
Yampa River
Watershed
Yampa River
Water Division
6
County
Routt
Instream Flow Acq - Doc Type
Contracts,MOA/MOU,Leases,Agreements
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herein as the "Storage Water Rights"). The volumes of the Parties' Storage Pools. <br />shall be determined after construction of the Reservoir in the following manner <br />and then documented by the Parties within four (4) months after completion of the <br />follov~~ing process, by v~~ritten Addendum to this Amended and Restated <br />Agreement signed by all of the Parties. <br />1. Upon "Substantial Completion" of the Reservoir Enlargement, as agreed <br />to by the River District in the context of the construction contract(s) for <br />such construction (with the River District being obligated to provide <br />notice of such Substantial Completion to the other Parties}, and prior to <br />the filling of the Reservoir Enlargement, the River District shall cause a <br />survey of the Reservoir Enlargement basin to be made by a consultant <br />mutually approved by Craig, the River District, and the Yampa <br />Participants. <br />2. Based upon that survey, the consultant shall determine, and the River <br />District shall provide to the other Parties, the following information and <br />written documentation of the analyses on which it is based: <br />a. The total volume of water that can be regulated by the Reservoir <br />Enlargement below 6,388 feet Mean Sea Level {"M.S.L."), which <br />is the design elevation for the spillway and start of the Reservoir <br />Enlargement's flood surcharge pool; <br />b. The volume of the River District's Storage Pool, being the amount <br />of water that can be stored in the Reservoir Enlargement between <br />6,368 feet M.S.L., being the elevation of the spillway of the <br />existing Reservoir, and 6,388 feet M.S.L.; <br />c. The volume of the Yampa Participants' collective Storage Pool, <br />being the amount of water that can be stored in the Reservoir <br />Enlargement between 6,343.5 feet M.S.L. and 6,368 feet M.S.L., <br />but in no event shall the amount be less than 8,310 acre-feet; and <br />d. The volume of Craig's Storage Pool, being the amount of water <br />that can be stored in the Reservoir Enlargement below 6,343.5 <br />M.S.L. <br />3. The cumulative total of the River District's, Yampa Participants', and <br />Craig's Storage Pools determined as described above shall constitute <br />100% of the storage to be allocated among the Parties from and in the <br />Reservoir Enlargement. Upon full execution of the Addendum referred to <br />above, the Parties' Storage Pools shall not be defined and operated by <br />elevations in the Reservoir Enlargement but by the capacity volumes of <br />their Storage Pools determined as provided above and documented in the <br />Addendum. The Parties recognize that the total amount of the Parties' <br />3 <br />
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