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<br />. <br /> <br />. <br /> <br />. <br /> <br />DRAFT <br /> <br />vm. REPORTING AND ACCOUNTING <br /> <br />The Service shall prepare and provide an annual report to the parties hereto of water released from the <br />Pennanent and Short Term Water Supplies. The Service shall document the benefits of using the water stored <br />in the Elkhead Reservoir Enlargement towards recovery of the Endangered Fish as part of its annual Recovery <br />Program progress reports on this matter. The CWCB, in consultation with the Division 6 Engineer, shall <br />provide an annual report to the parties hereto on the amount of water actually protected through the Critical <br />Habitat Reach. <br /> <br />IX. SUFFICIENT PROGRESS <br /> <br />Use of this water for the benefit of endangered fish and protection of critical habitat in the Critical Habitat <br />Reach shall contribute to completion of the Recovery Program's RIPRAP and finding of sufficient progress <br />under the Recovery Program. <br /> <br />X. CWCB ACTION <br /> <br />Any action by CWCB to acquire the water, water rights or interests in water described herein shall comply with <br />the Enforcement Agreement and the CWCB's Rules Concerning the Colorado Instream Flow and Natural Lake <br />Level Program. <br /> <br />XI. MISCELLANEOUS PROVISIONS <br /> <br />A. <br /> <br />The provisions of this Acquisition Agreement shall apply to and bind the successors and assigns of the <br />parties hereto and no assignment or transfer of this Acquisition Agreement or any right or interest herein, <br />shall be valid until approved in writing by the parties hereto, <br />All of the provisions of this Acquisition Agreement shall survive the closing of the conveyance required by <br />paragraphs II.A and B= herein, and shall not merge therewith. <br />Nothing contained in this Acquisition Agreement shall be construed as binding the United States to <br />expend in anyone fiscal year any sum in excess of appropriations made by Congress, contributions from <br />the States participating in the Recovery Program and Colorado River Storage Project Power Revenues <br />provided for the purposes of this Acquisition Agreement for that fiscal year for purposes of this <br />Agreement. <br />The United States, its officers, agents, employees, and assigns do not assume any liability resulting from <br />the granting of this Acquisition Agreement or the exercise thereof, <br />No Member of or Delegate to Congress or Resident Commissioner or official of the United States or the <br />State of Colorado shall benefit from this Acquisition Agreement other than as a water user or landowner <br />in the same manner as other water users or landowners. <br />It is the intent of the parties that this Acquisition Agreement and the Reservoir Enlargement Agreement be <br />construed together to the extent possible. In the event of any irreconcilable conflict between the terms of <br />this Acquisition Agreement and the tenns of the Reservoir Enlargement Agreement, the terms of this <br />Acquisition Agreement shall control. <br /> <br />B. <br /> <br />C, <br /> <br />D. <br /> <br />E. <br /> <br />F. <br /> <br />xn. <br /> <br />ASSIGNMENT OR DISPOSITION <br /> <br />In the event the Service, in consultation with-ef the Recovery Program, determines that the <br />Permanent Water Supply is andior Short TellJl Water Sllpplies ara no longer needed to maintain <br />occupied habitat for endangered fish in the Critical Habitat Reach of the Yampa River, the CWCS <br />may use or dispose of the water right and easement eonveyed herein. Within 120 days of such a <br />determination by the Service or tile Res8'1ery PFElgraR1, the parties hereto shall meet to discuss <br />disposition and use of the water right and easement conveyed herein, and reallocation of the <br /> <br />9 <br />