BOARD01367

• Board Meeting Date: 3/16/2004
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Elkhead Reservoir Enlargement for Recovery Program Purposes

Purpose: To convey the water right and the storage space
easement from Reclamation, on behatf of the Service, to CWCS, to
sublease the Temporary Water Supply to ewCB and to outline the
terms and conditions of the conveyance and lease, including
bl' r t monitor and protect releases through the Critical
!the Yampa,

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Acquisition
Agreement

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Contract and Grant
of Easement for
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Claim absolut
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Deed purpos
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CWCB
Reclamation
FW Service

Purpose: To convey the Elkhead storage space
easement, 5,000 af of the storage right, and 0, M &
R obligations from the River District to the Bureau
on behalf of the Service for Recovery Program

e: To transter ownership in perpetuity ot 5,000 af
e storage right for Elkhead Reservoir Eniargement
eclamation to the CWCB for Recovery Program
es, Deed will be executed when the project is
ed and the water right has been decreed absolute.
!lachment will be in draft form pending perfection of the

20 - Year Lease
Agreement

Purpose: To provide a short-term water supply of up to
2,000 af annually for Recovery Program purposes.
Water will be ieased from the River District at the
direction ot the Service, and paid tor by Reclamation.
Will also provide for sublease to CWCB for Instream
flows for Recovery Program purposes. Need for water
will be determined annually and paid for as utilized.

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. Reclamation
. FW Service
. River District

. Reclamation
. CWCB

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. River District
. FW Service
. Reclamation

. CWCB
. River District

. DNR
. River District
. FW Service
an.l\or rrSRR

Little Snake River Compact Litigation: In response to the Three Forks Ranch Corporation
lawsuit against the City of Cheyenne and the State of Wyoming, the CWCB, the Colorado
Attorney General and the Colorado Division of Water Resources undertook ajoint investigation
into those allegations, The results of this investigation were made public on January 29,2003,
On January 10,2003 a hearing was held in Colorado District Court before Judge Daniel. Judge
Daniel issued his opinion in this case on February 28,2003, He granted Wyoming's Rule 12(b)
and 19 motions to dismiss, He also granted the City of Cheyenne's motion to dismiss pursuant
to 12(b)(2), (3), (6) and (7), He denied the remaining motions as moot and ordered that the

Loan Contract

Purpose: To outline the loan terms and conditions, and
repayment obligations for the M&I portion of the Elkhead Reservoir
Enlargement. The loan will be for $11,110,000 at 4% for 30 years
or 3.75% for 20 years, Funds will become available after July 1,

DNR/UCRIP
Cost Share

Purpose: To allow the STATE (through DNR) to provide cost share
funds required by Public Law 106-392 directly to the RIVER
DISTRICT for use In implementing the Elkhead Reservoir
Enlargement capital construction project identified by the UCRIP In
the RIPRAP and to receive appropriate cost share credit from the
UCRIP for this expenditure. Colorado's total obiigation 10 UCRIP is
$8,065,000. Funds will become available when contract is signed

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