BOARD01632

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Acquisition - Elkhead Reservoir Enlargement
• Board Meetings - Doc Type: Memo

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monitor and protect to and through the Critical Habitat Reach for the benefit of the
endangered fishes.

NOW THEREFORE, in consideration of the mutual agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the CWCB, the River District, the Service, and Reclamation agree as follows:

TERMS AND CONDITIONS

I.. DEFINITIONS
The definitions of terms set forth in paragraph I of the Reservoir Enlargement
Agreement shall apply to those terms when used in this Acquisition Agreement.

II. CONVEYANCES

A. Perpetual Water Storaee Space Easement and Storaee Water Rieht

1. After the water right for the Permanent Water Supply is placed to beneficial use for the
purposes of 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
Endangered Fish Recovery Program) and the Recovery Program Obligation has been
paid in full, the River District, after consultation with the parties hereto shall submit the
necessary pleadings in the Water Court for Division No.6 in the name of the River
District and prosecute the case to make absolute those conditional water storage rights.

2. Once the water right decreed in Case No. 02CWI06 has been decreed absolute for in-
river fish habitat and river flow maintenance and enhancement uses, and uses in
furtherance of the Recovery Program, the River District shall convey by special warranty
deeds to CWCB and CWCB shall accept said absolute water right and a storage space
easement, both described as follows:

a. A 5,000 acre-foot perpetual water storage space easement behind the Elkhead
Reservoir Dam and within the Elkhead Reservoir Enlargement area located in
Sections 1, 2, 3, 4, 9, 10, 16, and 21, Township 7 North, Range 89 West, 6th
Principal Meridian, Moffat and Routt Counties, Colorado;

together with,

b, 5,000 acre-feet of the total 13,000 acre-feet water right decreed for storage in
Elkhead Reservoir Enlargement with an appropriation date of October 16, 2002,
as decreed in Case No. 02CWI06, Water Division No.6, for piscatorial and
recreational use (including in-river fish habitat and river flow maintenance and
enhailcement uses, and uses in furtherance of the Upper Colorado River
Endangered Fish Recovery Program).

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