UCRIP Cost Share Contract w/ CRWCD

Home Browse Search

„ ~, ~ . a '• ` F. WHEREAS, the actions required to recover the endangered fishes are outl-fined by the Recovery Program in the "Recovery Implementation Program Recovery Action Plan" (RIPRAP). G. WHEREAS, the U.S. Congress passed Public Law 106-392 on October ~30, 2000 (incorporated herein by refierence), also known as the .Long- Term Funding Legislation (S.1544 and H.R. 2340, which authorized the Bureau of Reclamation to provide cost sharing for the Recovery Program. H. WHEREAS, Public Law 106-392 also required cost share in the Recovery Program from the States of Colorado, Utah and Wyoming and other federal agencies, including the Western Area Power Administration. 1. WHEREAS, the Colorado General Assembly enacted House Bill 98-1006 creating the "Species Conservation Trust Fund" (coded at section 24-33-'111, C.R.S.), one of the purposes of which is to fund State participation in programs such as the Recovery Program designed to meet obligations arising under the federal Endangered Species Act of 1973. J. WHEREAS, the RIVER DISTRICT is apolitical subdivision of the State of Colorado created and existing pursuant to state law, sections 37-46-101, et seq. C.R.S., to aid in the conservation, use and development of the water resources of the Colorado River and its principal tributaries, and is vested --with sufficient authorities to receive and manage funds and to coordinate certain Recovery Program-RIPRAP activities benefiting the four Colorado River endangered fishes and water resources in general. K. WHEREAS, the RIVER DISTRICT owns and conducts a business engaged in water activities pur-suant to the Water Activity Enterprise Act, Article 45.1 of Title 37, C.R.S., in order to provide for the beneficial use of water within the District. The RIVER DISTRICT's Board of Directors ~ confirmed its authority to operate such a business by Resolutions adopted on Juty 16, 1985, October 19, 1 g93, October 19, 1999, and October 17, 2000. For purposes of this Contract, the RIVER DISTRICT is acting by and through -its Colorado River- -Water Projects Enterprise and by and through its Board of Directors, or- both, as determined by the RIVER DISTRICT. L. WHEREAS, the Recovery Program desires to have the RIVER DISTRICT receive and manage funds from -state and federal entities for the- Elkhead Reservoir Enlargement capital construction project (`the PROJECT") according to the December 9, 2002 resolution adopted by the Recovery Program Implementation Committee, incorporated herein by reference, and to coordinate and implement the Elkhead Reservoir Enlargement capital .construction project. - . M. WHEREAS, the Project Summary, attached as Attachment A and incorporated herein, contains Contactor ~ Informs#ion (Section 1) and a Project Description (Section 2). In short, the Elkhead Reservoir Enlargement will provide approximately 11,750 acre-feet of new storage on Elkhead Creek, a tributary of the Yampa River, approximately 5,000 acre-feet of -which will be permanently dedicated to enhar_ce Yampa River flows at times when such .enhancement is deemed to be of most benefit to the -Colorado River endange-red fishes. 2