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<br />DRAFT
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<br />4/23/04 draft
<br />LB/MS
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<br />DRAFT ACQUISITION AGREEMENT
<br />ELKHEAD RESERVOIR ENLARGEMENT
<br />Accepted aU chanl!es made thronl!h 3/31: all revisions made since that date in redline
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<br />This Acquisition Agreement is entered into this day of , 2004, by and among the United
<br />States of America, Department of the Interior, Bureau of Reclamation ("Reclamation") and Fish and Wildlife
<br />Service ("Service"), both acting through the Secretary of the Interior, pursuant to the Act to Authorize the Bureau
<br />of Reclamation to Provide Cost Sharing for the Endangered Fish Recovery Implementation Programs for the Upper
<br />Colorado and San Juan River Basins, (October 30, 2000, 114 Stat 1602, Public Law 106-392 ), and acts
<br />amendatory thereof or supplementary thereto, the Colorado River Water Conservation District, acting by and
<br />through its Colorado River Water Projects Enterprise ("River District") and the State of Colorado, acting by and
<br />through the Colorado Water Conservation Board ("CWCB").
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<br />RECITALS
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<br />A. WHEREAS, the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado
<br />River Basin ("Recovery Program") dated September 29, 1987 was implemented by a Cooperative
<br />Agreement signed in January 1988 by the Secretary of the Department of the Interior, the Governors of the
<br />States of Colorado, Utah, and Wyoming, and the Administrator of the Western Area Power Administration.
<br />The Recovery Program is a coalition of agencies and organizations that currently includes Reclamation, the
<br />Service, the Western Area Power Administration, the Colorado River Energy Distributors Association,
<br />National Park Service, State of Colorado, State of Utah, State of Wyoming, Western Resource Advocates,
<br />The Nature Conservancy, Colorado Water Congress, Utah Water Users Association, , and Wyoming Water
<br />Association. The goal of the Recovery Program is to recover four species of endangered fishes while
<br />allowing water development to proceed consistent with state water law and in compliance with the Federal
<br />Endangered Species Act ("ESA") in the Upper Basin states of Colorado, Utah, and Wyoming; and,
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<br />B, WHEREAS, section 2 of the Endangered Species Act, 16 USe. ~~ 1531 (c) (2), declares that it is the policy
<br />of Congress for federal agencies to cooperate with state and local agencies on water resource issues in
<br />concert with conservation of endangered species; and,
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<br />C. WHEREAS, pursuant to section 4(b)(2) of the ESA, on March 21, 1994, the Service designated certain
<br />reaches of the Yampa River as critical habitat for each of the four endangered fish species. The largest of
<br />these reaches extends from the State Highway 394 bridge in Craig, Colorado downstream to the confluence
<br />of the Green River. For the purposes of this Acquisition Agreement, this reach shall be described as
<br />extending from the confluence of Elkhead Creek downstream to the confluence of the Green River and
<br />shall be referred to as "the Critical Habitat Reach;~" and
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<br />D. WHEREAS, the River District is a political subdivision of the State of Colorado created and existing
<br />pursuant to sections 37-46-101, et seq. C.R.S., to aid in the conservation, use and development of the water
<br />resources of the Colorado River and its principal tributaries, and is vested with sufficient authorities to
<br />receive and manage funds and to coordinate certain activities under the Recovery Implementation Program-
<br />Recovery Action Plan ("RIPRAP") benefitting the four Colorado River endangered fishes and water
<br />resources in general. The River District owns and conducts a business engaged in water activities pursuant
<br />to the Colorado Water Activity Enterprise Act, Article 45.1 of Title 37, C,R,S" in order to provide for the
<br />beneficial use of water within the District, The River District's Board of Directors confirmed its authority
<br />to operate such a business by Resolutions adopted on July 16, 1985, October 19, 1993, October 19, 1999,
<br />and October 17, 2000. For purposes of this Acquisition Agreement, the River District is acting by and
<br />through its Colorado River Water Projects Enterprise and by and through its Board of Directors, or both, as
<br />determined by the River Districh; and
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