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provided for in paragraph B. therein, and upon written notice to the parties hereto, this <br />sublease and all responsibilities and obligations identified in paragraph II.B herein shall <br />be terminated. <br />I~'. OPERATION, l`:LaINTENANCE AND REPAIR OBLIGATIONS (OM & R) <br />A. The OM & R obligations associated with the Elkhead Reservoir Enlargement are more <br />fully- described in (1) the Reservoir Enlargement Agreement and (2) the Amended and <br />Restated Agreement between the River District, the City of Craig, and the Yampa <br />Participants, v~-hich provisions are incorporated herein by reference. The Recovery <br />Program, through Reclamation, shall be responsible for payment of its Pro-Rata share of <br />the River District's OM & R costs associated with the storage space easement described <br />in paragraph II.A.2 herein. The CWCB shall have the right, but not the obligation, to <br />fund annual OM & R costs for the Elkhead Reservoir Enlargement. <br />B. In the event the Service, Reclamation and the Recovery Program determine that the <br />Permanent `'Water Supply is no longer needed to maintain occupied habitat for endangered <br />fish species in the Critical Habitat Reach pursuant to paragraph XII herein, Reclamation <br />may= choose not to pay the pro-rata share of the River District's OM&R costs allocated to <br />the Permanent V~Tater Supply storage space easement In the event Reclamation chooses <br />not to pay the pro-rata share of the River District's OM&R costs, the forfeiture provisions <br />in paragraph IV.E. in the Reservoir Enlargement Agreement shall apply. Any disposition <br />and use of the Permanent `'Vater Supply and storage space easement shall be addressed <br />pursuant to paragraph XII herein. <br />~-. RELEASE SCHEDULE AND CONTACT PROCEDURES <br />A. On account of drought, errors in operation, operational constraints imposed by the State <br />of Colorado or otherwise, or other causes, there may occur at times a shortage during any <br />year in the quantity of water available to be stored within the Reservoir Enlargement, and <br />in no event shall any liability accrue against the parties hereto for any damage direct or <br />indirect, arising therefrom. In any year in which there may occur such a shortage in the <br />Reservoir Enlargement water supply, the River District and the CWCB shall share such <br />shortage using the Pro-Rata Formula. The Pro-Rata Formula is the allocation of the <br />storage space created by the construction of the Reservoir Enlargement, estimated to be <br />11,750 acre-feet, as follows: 27:`47`'' interest (6,750 acre-feet) to the River District and <br />20.E ~7`'' interest (5,000 acre-feet) to the CWCB. The Pro-Rata allocation is based on the <br />percentage contributions of the parties to fund the total costs related to the construction of <br />the Reservoir Enlargement as well as the long term costs of the Reservoir's operation, <br />maintenance and repair allocated to the Reservoir Enlargement. In the event that the <br />actual percentage contributions of the parties to fund the total costs related to the <br />construction of the Reservoir Enlargement differ from the 27147th and 20147th <br />relationship described herein, then the Pro-Rata Formula shall be adjusted in accordance <br />I_ ' ~~~T CCI~c~t ~~i~-er Dismcc3l-Elkhead-IO'- 8 ~~eements _~cq'n ~Qmt ° l.w <br />De~~r_iber'- ~, =~~"-I ~age~9 of 17 <br />