Elkhead Reservoir Final Acquisition Agreement

Home Browse Search

6. It shall be -presumed that a Party will exercise its Storage Water Rights when those rights are in priority, and its Storage Pool is not full; if the Party that has the priority to store water in its Storage Pool hereunder does not exercise its storage water rights, the Party urith the next most senior priority to store water may immediately begin to fill its Storage Pool. 7. ?vTo Part;- may commence a refill of its Storage Pool during the accounting year until the other Parties' Storage Pools have been initially filled as provided herein, unless the other Party's Storage Water Rights are no longer in priority or the other Party with a senior right to store water has chosen not to fill its Storage Pool to full capacity. C. Y"amUa Participants' Use as Supplemental Supply. -Yampa Participants shall be entitled to a=ithdraw their Stored Water from their Storage Pool in the Reservoir Enlargement only when, in the judgment of the Yampa Participants, insufficient water is available to them from the Yampa River under their direct flow water right listed on Exhibit B ("Direct Flow Right") to provide the amount of water necessary to operate and maintain all- generating units at Craig Station, the coal mine for said Station, and related facilities. The Yampa Participants' Direct Flow Right shall be retained during the term of this Amended and Restated Agreement and used solely to provide the amount of water necessary, during periods when withdrawals are being made from the Yampa Participants' Storage Pool, to operate and maintain all generating units at Craig Station, the coal mine for said Station and related facilities. D. Releases. Subject to physical limitations of the outlet works and the receiving stream channel, upon request, the Qperator shall release the Parties' Stored Water into Elkhead Creek at the outlet works of the Reservoir Enlargement in the quantities requested by the Parties. In no event may the total amount a Party demands exceed the amount of that Party's Stored Water in the Reservoir Enlargement available for release at that time. In the event that the ability to release Stored `Water from the Reservoir Enlargement is Limited because of release restrictions, including restrictions caused by the mechanical malfunction of the outlet works, drau~doum rate or volume restrictions, or restrictions in the capacity of the receiving channel of Elkhead Creek, all three Parties shall have co- equal priorities to make such releases in pro rata amounts based on the percentage of each Party's Storage Pool. The Parties shall be solely responsible for the legal and physical delivery and use of their Storage Water Rights once released. E. Removal of Conditions. Conditions of the 1973 Agreement concerning the reduction of water levels below certain elevations (Section 4.2) are hereby removed by this Amended and Restated Agreement. The 1973 Agreement is herein amended and restated in its entirety and all provisions not specifically restated herein shall be deemed to no loner be effective. 5