BOARD01094

• Board Meeting Date: 5/24/2004
• Description: WSP Section - Elkhead Reservoir Enlargement Status Report
• Board Meetings - Doc Type: Memo

DRAFT

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responsibilities and obligations of the United States, Reclamation, the Service and the Reeovery
Program. In the event the CWCS, in consultation with the Service, Recovery Program and
Reclamation, decides to assign, transfer, sell, or convey any part or all of the property interests
described in paragraph II.A to a party who is not the Service, Recovery Program and/or
Reclamation, the CWCS shall give the River District a first right of refusal to purehase such
property interests or assume the obligations which are the subject of the assignment or transfer of
such property interests. Upon receiving notice, the River District shall have ninety (90) days to
exercise the first right of refusal. Closing shall be within thirty (30) days of the River District
providing the CWCS with notice of its intent to exereise the first right of refusal. Any assignment,
transfer, sale, or conveyance of any part or all of the property interests described in paragraph
II.A shall be expressly subjeet to the terms of this Acquisition Agreement and the ResEl\'ery
ProgFaFFl Reservoir Enlargement Agreement. Any water right subject to an assignment, transfer,
sale, or conveyance pursuant to this paragraph may be used for any beneficial use within the
state of Colorado consistent with Colorado law. Nothing herein shall limit or preclude the River
Distriet from participating in any Water Court proceeding, initiated by any party, where the water
rights decreed in 02CW106 (Water Division No.6) are at issue.

XIII. ENFORCEMENT

A. Pursuant to section 37-92-102(3), C.R.S" the terms of this Acquisition Agreement shall be enforceable by
each party as a water matter in the District Court for Water Division 6; provided, however, that before
commencing any action for enforcement of this Acquisition Agreement, the party alleging a breach shall
notify the other parties in writing of the alleged breach, and the parties shall make a good-faith effort to
resolve their differences through informal consultation,
B. Specific perfonnance shall be the exclusive remedy for failure of any party to comply with any provision of
this Acquisition Agreement.

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XIV. NOTICES
All notices that are required to be given by parties shall be in writing and shall be sent by certified mail, postage
prepaid, as follows:

Director

Colorado Water Conservation Board
1313 Sherman Street, Room 721;>
Denver, Colorado 80203

With a copy to:
Office of the Attorney General
Water Rights Unit, Natural Resources and Environment Section
1525 Sherman St., 5th Floor
Denver, CO 80203

General Manager
Colorado River Water Conservation District
20 I Centennial
P.O, Box 1120
Glenwood Springs, Co 81602
Telephone: [phone]

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With a copy to:
General Counsel
Colorado River Water Conservation District

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