Elkhead Reservoir Final Acquisition Agreement

Home Browse Search

II. RESERVOIR OPERATION, MAINTENANCE AND REPAIR A. Allocation of Responsibilities. 1. Operation. Craig and the River District shall designate as between themselves v~jhich entity shall be responsible for acquiring all necessary lands and easements, and operating, maintaining and repairing the Reservoir Enlargement. Craig and the River District shall designate one of them as the operator ("Operator") and shall advise the Yampa Participants of that designation and of any change of that designation. Craig and the Rig=er District shall be responsible for all costs and expenses associated v~Jith the operation, maintenance and repair of the Reservoir Enlargement, subject to the Yampa Participants paying an annual service charge as set forth in Section II. B. herein. 2. Property and Permits. Craig and the River District own the Reservoir Enlargement, with each owning fee lands, easements, rights-of--way, and permits and having entered into agreements associated with the Reservoir Enlargement. The River District also is in the process of obtaining additional fee lands, easements and rights-of--way, and permits, as more specifically described in Craig II. All such fee lands, easements, rights-of- way, permits and agreements are referred to in this subsection as "Property and Permits". All Propert}.~ and Permits are dedicated to the Reservoir Enlargement, and shall not be transferred, exchanged to any person or entity without also ensuring that such person or entity is also subject to the River Distnct's andf'or Craig's responsibilities and obligations as set forth in this Amended and Restated Agreement. 3. Limited Relationship. Nothing herein shall be deemed to create a partnership, joint venture, or joint ownership between the Parties, nor shall the Yampa Participants have joint or several liabilities for the ownership, operation, maintenance or repair of the Reservoir Enlargement. The Parties acknowledge and agree that the Yampa Participants are not to be construed as either operator or owner of the Reservoir Enlargement. Craig and the River District shall make no claim against the Yampa Participants relating to any cost, expense or liability of any kind relating to the public recreational use of the Reservoir Enlargement. Craig and the River District intend to use the Reservoir Enlargement and surrounding lands for public recreational purposes consistent with the State of Colorado's rights and obligations to undertake such public recreational uses as originally set forth in the 1973 Agreement. It is understood that such uses are made by the River District and Craig and that the Yampa Participants have neither made such use, intend to make such use nor participate in such uses. The Yampa Participants shall not be responsible for the costs of or any liability that maybe incurred as a result of said public recreational uses. 6