Elkhead Reservoir Final Acquisition Agreement

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corrunencement, the Yampa Participants shall have the right, for- a lease of 1.00 annually, to use Craig's and the River District's rights of access, easements, permits, and property ownership in connection with the Reservoir Enlargement, but not including those non-participating Parties' V4~ater Storage Rights. In such a circumstance, Craig and/or the River District shall retain the right and obligation to use the reconstructed reservoir for public recreational uses, with those two Parties continuing to have the responsibility for all costs and liability associated with such public recreational uses, including but not limited to the insurance requirements set forth in Section VIII. herein. III. STORAGE WATER RIGHTS A. Maintenance and Protection of Storage Water Rights. Each Party shall be responsible for defending and perfecting their respective Storage Water Rights by filing statements of opposition, applications for reasonable diligence and applications to prove absolute use thereof, or any other filings reasonably necessary to protect and perfect such water rights. B. Right of Participation. Nothing in this Amended and Restated Agreement shall Limit any Party's ability to participate in any water court proceeding, including applications filed by other Parties to this Amended and Restated Agreement, in order to protect their respective water rights, with the following exceptions. 1. Craig and the Yampa Participants shall not oppose the River District's pending water court application in Water Division 6, Case No. 02CW 106 for Reservoir Enlargement rights except to ensure that the decree entered in that case is consistent with this Amended and Restated Agreement. This provision supersedes the prior provision in the Construction Agreement between the River District and the Yampa Participants concerning the scope of the Yampa Participants' participation in that case_ 2. The River District shall cooperate in and not oppose the efforts of Craig and the Yampa Participants to store and then make absolute their California Park Reservoir water rights which have been decreed for storage in Elkhead Reservoir. Craig and the Yampa Participants anticipate that once water levels in the Ellchead Reservoir are lowered as a result of the enlargement, they will exercise their California Park Reservoir water rights to fill the evacuated storage space. The Parties may file statements of opposition to ensure consistency herewith. 3. No Party may challenge the water court applications of any other Party to this Amended and Restated Agreement for reasonable diligence or to make absolute any of the Parties' Storage Water Rights, except to the extent that such application to make absolute is not consistent with the 8