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BOARD01094
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BOARD01094
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Last modified
8/16/2009 2:57:51 PM
Creation date
10/4/2006 6:49:41 AM
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Template:
Board Meetings
Board Meeting Date
5/24/2004
Description
WSP Section - Elkhead Reservoir Enlargement Status Report
Board Meetings - Doc Type
Memo
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<br />DRAFT <br /> <br />. <br /> <br />prior easements and/or lease agreements, except those identified in this Agreement, exist that will interfere with <br />the easement conveyed by this Acquisition Agreement. <br /> <br />5. It is understood and agreed that the rights to be granted to the CWCB, as described in paragraph II.A,2 herein, <br />shall be subject to the terms and conditions of the decree to be issued in Case No. 02CW106 (Water Division <br />No, 6) but shall otherwise be free from lien or encumbrances that would impair the use of such rights for the <br />purposes intended by the CWCB. Any lien or encumbrance shall be expressly agreed to by the parties at the <br />time of conveyance. <br /> <br />6. The easement described in paragraph II.A.2 is granted subject to the terms and conditions of this Acquisition <br />Agreement as more particularly described herein, <br /> <br />7. The water storage easement and water storage rights conveyed herein are subject to the terms and <br />conditions of the Amended and Restated Agreement between the River District, Craig and the Yampa <br />Participants, the terms of which are incorporated herein. The CWCB's use ofthe water storage <br />easement and water storage rights herein conveyed shall be exercised consistent with the provisions of <br />the Amended and Restated Agreement. <br /> <br />8, Pursuant to the Amerlded and Restated Agreement between the Yampa Participants, the River District, and the <br />City of Craig, 'fthe rights conveyed to the CWCB in paragraph II.A.2 are expressly subject to, and will share <br />Pro-Rata together with the retained interests of the River District, in any loss of storage space as a result of <br />sedimentation in the Reservoir Enlargement, any loss of storage water as a result of evaporation, any water <br />shortage resulting from hydrological conditions, any water shortage resulting from an operational constraint on <br />the Reservoir Enlargement, and/or any constraint on the ability to release water from the Reservoir <br />Enlargement due to limitations on the reservoir outlet. <br /> <br />9. Payment of the full Recovery Program Obligation pursuant to the Reservoir Enlargement Agreement is a <br />prerequisite to the River District executing the deeds transferring the interests described in paragraph II.A, The <br />. parties agree and acknowledge that CWCB shall receive no partial interest in the Reservoir Enlargement based <br />on any partial payments by any party of the Recovery Program Obligation, The parties acknowledge that the <br />obligations of Reclamation regarding payment of the Recovery Program Obligation and the River District <br />regarding conveyance of the interests in the Reservoir Enlargement described in paragraph II,A are set forth in <br />the Reservoir Enlargement Agreement. ht the event that a default occurs in the obligations of Rec1amation to <br />pay the Recovery Program Obligation, any party hereto may appropriate replacement funds to cure such <br />default. Past due p~tlIItB ea the ReeevtlFY Pi'egram ObligalieR shallllellt' intefost at the Fllte af aRe peretlllt <br />(1 %~ per maRth, eampeooaea _wHIr, In the eVeIlt that the fuR ReeaveFY Pi'agram Ollligalisa, tegether ','lith <br />_] interest due ana &....'ffig, ar-e is Bet paid te the River Distriet within tbFeeftve (35) yellt's sf the date eethe <br />eeRljllEllisR ae the Reservair BnlergeBleflt, the Ri'lBr DistRet sheAl heNe Be ebligaliaR te eam"tl)' tlte inter~sts <br />deoefilled iB p8l'llgffiflh 11/..2. hereiR ta the CWCB, <br /> <br />10. The River District's obligation to perform under this Acquisition Agreement is specifically subject to River <br />District's rights described in paragraph VII (Construction Contingencies) of the Reservoir Enlargement <br />Agreement. <br /> <br />(0The parties hereto acknowledge and understand that the River District will use the 5,000 acre-foot water right <br />conveyed herein for piscatorial and recreational uses within the Elkhead Reservoir Enlargement while said <br />water is stored prior to the release of the water at the Service's request for beneficial use by the CWCB. The <br />Parties consent to the recreational use of the Reservoir Enlargement by the public, including on top of or in any <br />Stored Water owned by the CWCB and stored in the Reservoir Enlargement, including but not limited to those <br />recreational uses described in the Special Warranty Deed from the State of Colorado to the City of Craig dated <br />March 28, 1991 and recorded October 1, 2002 at Document No. 2002L 4329 and October 4,2002 at Document <br />No. 570795 in the records of the Offices of the Clerk and Recorder for Moffat County and Routt County, <br />respectively, Similarly, the parties consent to such management activities by the River District, Craig, the <br />. Colorado Division of Wildlife, and/or the Colorado Division of Parks, or such other contractor as may be <br />designated by the River District, Craig or the Colorado Division of Wildlife as are necessary to develop, <br /> <br />5 <br />
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