BOARD00863

• Board Meeting Date: 3/29/1999
• Description: WSP Section - Colorado River Basin Issues - 15-Mile Reach ESA Section 7 Consultation - Status Report
• Board Meetings - Doc Type: Memo

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Agreement For The Interim Provision Of Water
To The 15-Mile Reach Of The Colorado River
Page 5 of 8

3. The parties agree to jointly cooperate in securing the necessary
agreements with the Colorado Water Conservation Board for protection
of the 10,825 acre.feet of water to and through the 15.Mile Reach.

F. Term

This Agreement shall be effective beginning the January 1st following the date of
issuance of a final PBG which is acceptable to the parties to this Agreement, and
shall continue for a period of ten years Cir for as long as the PBO is in effect,
whichever is less. The term of this ~ement may be extended upon the mutual
written agreement of the parties for up to five additional years.

G. Termination

This Agreement may be temporarily suspended or terminated by any of the
parties hereto if any of the following conditions occur:

1. The Service fails to comply with paragraph D.l. above;
2. The River District or Denver Water fail to deliver their 5,412.5 acre.feet of
water in any given year as required by this Agreement, except as provided
in Section C;
3. The Colorado Water Conservation Board refuses to accept delivery of the
10,825 acre-feet of water pursuant to a contract;
4. The State or Division Engineer interferes with the right of the River
District and Denver Water to use existing water rights and priority dates
to refill the space in the reservoirs vacated by the release of any portion of
the 10,825 acre.feet of water; or
5. The Bureau of Reclamation doef! not allow the delivery of unused but
available Ruedi Reservoir contract water to the 15-Mile Reach as
contemplated in paragraph A. I. above.

If this Agreement is terminated, the action item in the PBO for providing the
10,825 acre-feet of water per year will be deemed not to have been accomplished.

H. Entire Agreement and Amendntents

This Agreement, with any exhibits hereto, is the complete integration of all
understandings between the parties. No prior or contemporaneous addition,
deletion, or other amendment hereto shall have any force or effect whatsoever
unless embodied herein in writing. NCi subsequent novation, renewal, addition,
deletion or other amendment of this Agreement shall have any force or effect
unless embodied in a written modification executed and approved by all parties.