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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E. WHEREAS, the CWCB is a state agency within the Colorado Department of Natural Resources (DNR)
created for the purpose of aiding in the protection and development of the waters of the state for the benefit
of the state's present and future inhabitants; and,

F, WHEREAS, the CWCB is authorized by section 37-92-102(3), C.R.S" to acquire from any person,
including any governmental entity, such water, water rights or interests in water as the CWCB determines
may be required for instream flows to preserve or improve the natural environment to a reasonable degree
and to take whatever action may be needed to ensure such instream flows remain in the river; and,

G. WHEREAS, the Service and the CWCB entered into a Memorandum of Agreement dated September 21,
1993, attached hereto as Exhibit A, concerning enforcement and protection of endangered fish species'
instream flows ("the Enforcement Agreement") and the Service is relying upon the CWCB to appropriate,
acquire and enforce instream flow water rights for the listed species under state law; and,

H. WHEREAS, pursuant to Article 92, Title 37, C.R.S., as amended, the State Engineer's Office is responsible
for the administration and distribution of \he waters of \he State, and, under Article 92, Title 37, C.R$" the
CWCB may call upon the State Engineer and the Division Engineer for Water Division 6 ("Division 6
Engineer") to administer water, water rights or interests in water held by the CWCB forinstream flows to
preserve or improve the natural environment to a reasonable degree within the Critical Habitat Reach of the
Yampa River, which enforcement actions are more fully described in the Enforcement Agreement and in
this Acquisition Agreement; and,

1. WHEREAS, the Service has agreed that any acquisition of water, water rights, or interests in water by the
CWCB for the benefit of the four listed fish species shall be considered in detemrining whether there has
been sufficient progress for the Recovery Program to continue to fimction as a reasonable and prudent
alternative to avoid the likelihood of jeopardy to those species from existing and new water developments;
. and,

J, WHEREAS, the RlPRAP has identified a need to acquire 5,000 acre feet of water on a permanent basis
(the "Permanent Water Supply") and up to 2,000 acre feet of water on a temporary basis (the "Short-Tenn
Water Supply") to maintain occupied critical habitat for endangered fish in the Critical Habitat Reach of
the Yampa River; and,

K. WHEREAS, the River District has appropriated a conditional storage right for the Elkhead Reservoir
Enlargement as more fully described in Water Court Case No. 6-02CWI06 for piscatorial and recreational
use (including in-river fish habitat and river flow maintenance and enhancement uses, and uses in
furtherance of the Upper Colorado River Basin Endangered Fishes Recovery Program); and,

L. WHEREAS, the River District and \he Recovery Program agreed to cooperate in the construction of an
expansion ofElkhead Dam and Reservoir, located on Elkhead Creek, a tributary of the Yampa River in
Sections 1,2,3,4,9, 10, 16,21, Township 7 North, Range 89 West, 6th Principal Meridian, Moffat and
Routt Counties, Colorado, to develop a water supply that will be capable, subject to water availability based
on hydrologic cycles, of providing the water for the Permanent Water Supply and the Short-Term Water
Supply, and be available for other beneficial uses to contractees of the River District; and,

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A. WHEREAS, the River District has entered into the following agreements: an Intergovernmental Agreement
between the River District and the City of Craig, dated February I, 2002 (creating a joint venture between
the River District and the City of Craig for the construction of the Elkhead Reservoir Enlargement),
iRcBfJlMftted herein BY reference; a Memorandum of Agreement between the River District, the City of
Craig, and the Colorado Division of Wildlife, dated August 6, 2003 (granting the River District the right to
interfere with certain interests owned by the Division in order to construct an enlargement of the existing
Elkhead Reservoir), iBelll'flemted herein BY FllWFeflCe; an Intergovernmental Agreement between the River

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