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<br />. <br /> <br />. <br /> <br />. <br /> <br />DRAFT <br /> <br />and sedimentation, shall be credited to the CWCB's Permanent Water Supply storage pool. The CWCB may <br />not cany over more than 5,000 acre-feet ofPennanent Water Supply water in the Reservoir Enlargement at any <br />time. <br />D, The parties hereto shall meet annually and/or teleconference as needed to consult onset schedules for releasing <br />the Permanent Water Supply from the Reservoir to provide water during critical low-flow periods in the Yampa <br />River Basin. The Service shall provide the parties hereto a preliminary written schedule of anticipated monthly <br />demands on or by May I of each year. Following such consultations, the schedule provided by the Service <br />(which shall make the final decisions regarding this schedule) shall serve as the release schedule to be used by <br />the River District until the Service provides written notice of the schedule's modification, The Service may <br />modify its schedule for releasing the Permanent Water Supply from the Reservoir Enlargement by providing <br />the CWCB, the River District and the Division 6 WateF-Engineer with a written change order at least 24 hours <br />in advance of such modification, <br />E. Deliveries of water from the Permanent Water Supply shall occur at the outlet of the Reservoir Enlargement. <br />The River District shall have no responsibility once water stored in the Reservoir Enlargement by the CWCB is <br />released at the outlet. The Division 6 Engineer may assess appropriate transit losses against the release of <br />water stored in the Reservoir Enlargement pursuant to the interests granted in paragraph Il.A. <br />F. Operation of the Elkhead Reservoir Enlargement and apportionment of any water shortages shall be consistent <br />with the provisions of (1) this Acquisition Agreement and (2) the Amended and Restated Reserveif' OjleFa!ien <br />Agreement between the River District, the City of Craig, and the Yampa Participants, dated <br />G. The 20 Year Lease describes the process for requesting releases of water from the Short Term Water Supply. <br />The Service shall provide CWCB, Division 6 Engineer, Reclamation, and the reservoir operator with written <br />notice of any water releases or changes to release schedules 24-hours in advance so that CWCB can monitor <br />and protect such releases to and through the Critical Habitat Reach of the Yampa River. The Service will <br />consult with the CWCB during the release period to achieve the objectives of the Recovery Program, the <br />Service and the CWCR <br />H. The River District shall annually provide Reclamation, the Service, and CWCB with a summary of releases <br />from the Permanent Water Supply for the prior calendar year by April I" of the following year. <br /> <br />VI. MONITORING AND ENFORCEMENT <br /> <br />A. The Service, through the Recovery Program, shall install, operate, maintain, and replace any waterflow <br />measuring and recording devices required by CWCB or the Division 6 Engineer to ensure that the water is <br />delivered to and through the Critical Habitat Reach. <br />B. The CWCB shall take such action under state law, including requesting administration by the State Engineer <br />and the Division 6 Engineer and initiating water court proceedings, as may be necessary to fully exercise its <br />water right, to deliver the water from the outlet works of the dam from which the water is released to the <br />Critical Habitat Reach, and to protect the release from diversion by third parties within the Critical Habitat <br />Reach, subject to such transit losses as may be imposed by the State Engineer or the Division 6 Engineer. <br />C._The CWCB and the Service shall comply with the provisions of the Enforcement Agreement in the <br />enforcement and protection of the water acquired herein, <br /> <br />vn. MEASUREMENT AND DELIVERY <br /> <br />A. Releases of water from the Elkhead Reservoir Enlargement made pursuant to this Acquisition Agreement will <br />be measured by the River District at the outlet works. <br />R The CWCB shall ensure that all water released by the River District at the direction ofReelamatian IlBEI the <br />Service pursuant to this Acquisition Agreement, less transit losses, as measured at the Maybell gage or other <br />appropriate locations, will be delivered and protected by the Division 6 Engineer to and through the Critical <br />Habitat Reach, <br />C. Neither Reclamation, the River District, nor the Service shall be responsible for the delivery, control, carriage, <br />use, handling, or distribution of water provided pursuant to this Acquisition Agreement, delivered beyond the <br />outlet works of the reservoir. <br /> <br />8 <br />