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<br />. <br /> <br />. <br /> <br />. <br /> <br />DRAFT <br /> <br />storage space capacity and associated water rights in the Reservoir Enlargement at a rate of one (I) acre foot for <br />each $1,000 in arrears. The initial rate at which water shall be forfeited by the CWCB to the River District (one <br />acre-foot per $1,000) shall be adjusted each year in an amount equal to the Consumer Price Index, (e.g., a 5% <br />increase in the cpr would result in forfeiture at a rate of one acre-foot per $1,050 in arrears; in such a situation, <br />if Reclamation were $5,250 in arrears for a period of at least 5 years, the CWCB would forfeit five (5) acre-feet <br />of storage space capacity and associated water rights to the River District). The atIffiIal rote at whieh water shall <br />be farfciteli By the ONCB to the Rwer Disiriet shall be $1,000 ~er eere feet. Forfeiture shall be the exclusive <br />remedy of the River District against the Recovery Program, throligh Reclamation, the Service, and/or CWCB <br />for the non-payment of amounts owed for OM&R costs. Any party to this Acquisition Agreement shall have <br />the right to appropriate replacement funds to pay OM&R charges due and owing the River District. <br /> <br />C. In the event the Service, Reclamation and the Recovery Program determine that the Permanent Water Supply is <br />no longer needed to maintain occupied habitat for endangered fish species in the Critical Habitat Reach <br />pursuant to paragraph VIII of the Reservoir Enlargement Agreement, Reclamation's obligation to pay the pro- <br />rata share of the River District's OM&R costs allocated to the Permanent Water Supply storage space easement <br />shall terminate, and disposition and use of the Permanent Water Supply and storage space easement shall be <br />addressed pursuant to section XII herein. <br /> <br />IV. RELEASE SCHEDULE AND CONTACT PROCEDURES <br /> <br />A. On account of drought, errors in operation, operational constraints imposed by the State of Colorado or <br />otherwise, or other causes, there may occur at times a shortage during any year in the quantity of water <br />available to be stored within the Reservoir Enlargement, and in no event shall any liability accrue against the <br />parties hereto for any damage direct or indirect, arising therefrom. In any year in which there may occur such a <br />shortage in the Reservoir Enlargement water supply, the River District and the CWCB shall share such shortage <br />using the Pro-Rata Formula. The Pro-Rata Formula is the allocation of the storage space created by the <br />construction of the Reservoir Enlargement, estimated to be 11,750 acre-feet, as follows: 27/47th interest (6,750 <br />acre-feet) to the River District and 20/47th interest (5000 acre-feet) to the CWCB. The Pro-Rata allocation is <br />based on the percentage contributions of the parties to fund the total costs related to the construction of the <br />Reservoir Enlargement as well as the long term costs of the Reservoir's operation, maintenance and repair <br />allocated to the Reservoir Enlargement. In the event that the actual percentage contributions of the parties to <br />fund the total costs related to the construction of the Reservoir Enlargement differ from the 27/47th and 20/47th <br />relationship described herein, then the Pro-Rata Formula shall be adjusted in accordance with the terms of <br />paragraph n.B. of the Reservoir Enlargement Agreement. <br /> <br />B. The water rights conveyed pursuant to paragraph II.A. to the CWCB for the purpose of filling the water storage <br />space easement shall have the same priority as those water rights used by the River District to fill the River <br />District's water storage space in the Reservoir Enlargement. Fill of the water storage space easement granted to <br />the CWCB shall be done on a Pro Rata basis with the fill of the River District's water storage space in the <br />Reservoir Enlargement. The parties acknowledge that Pli9lia garaee Cemjl&B:} af Celarelie (li/Bta X-eel <br />Energy), Platte River Pewer i\sseeiatieR, gaIt River Pi:ejeet .'\griealllffilllmjlrevemllftt and Pewer Disiriet, Tri <br />State Geaemlien and Tmasmission f,sseeilltien, me" ana Paeilio8fjl ('!the Y ampa Participan~ and the City of <br />Craig own water storage rights decreed for use at the existing Elkhead Reservoir that are senior to the water <br />rights that will be adjudicated by the River District and conveyed to the CWCB in paragraph II,A. The parties <br />acknowledge that the River District's and CWCB's right to store water in the Reservoir Enlargement is subject <br />to the water rights and priorities owned by the Yampa Participants, the City of Craig, and their successors <br />and/or assigns. <br />C. The River District agrees that the CWCB shall carry over for use in the next succeeding year any Permanent <br />Water Supply water that was stored but not actually released at the Service's request for beneficial use by the <br />CWCB in the previous year. Any water remaining in the CWCB's storage pool for the Permanent Water <br />Supply at the start of fill date established by the Restated and Amended Agreement between the Yampa <br />Participants, the City of Craig and the River District, after subtracting for the past-year's releases, evaporation, <br /> <br />7 <br />