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BOARD01632
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Last modified
8/16/2009 3:04:42 PM
Creation date
10/4/2006 6:59:35 AM
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Template:
Board Meetings
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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<br />Sept'mOO2,2004Page 6 of 16 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />t <br />-, <br />I <br />I <br />I <br />1 <br /> <br />3. Said conveyance shall be by special warranty deeds, the forms of which are attached <br />hereto as Exhibits E and;E. The CWCB will hold this water right and storage space <br />easement in perpetuity, except as provided for herein, for the benefit of, and at the <br />direction of, the Recovery Program acting through Reclamation and the Service, and <br />pursuant to the terms and conditions of this Acquisition Agreement. <br /> <br />4. The River District states, but does not in any way warrant, that it is, or will be upon <br />completion of construction of the Reservoir Enlargement, the sole owner of the real <br />property described in paragraph Il.A.2 herein and that no prior easements and/or lease <br />agreements, except those identified in this Acquisition Agreement, exist that will <br />interfere with the easement conveyed by this Acquisition Agreement. <br /> <br />5. It is understood and agreed that the rights to be conveyed to the CWCB, as described in <br />paragraph Il.A.2 herein, shall be subject to the terms and conditions of the decree to be <br />issued in Case No. 02CWI06 (Water Division No.6) but shall otherwise be free from <br />lien or encumbrances that would impair the use of such rights for the purposes intended <br />by the CWCB. Any lien or encumbrance shall be expressly agreed to by the parties at the <br />time of conveyance. <br /> <br />6. The easement described in paragraph II.A.2 herein will be conveyed subject to the terms <br />and conditions of this Acquisition Agreement as more particularly described herein'. <br /> <br />7. The water storage easement and water storage rights to be conveyed are subject to the <br />terms and conditions of the Amended and Restated Agreement between the River <br />District, Craig and the Yampa Participants, the terms of which are incorporated herein. <br />The CWCB's use of the water storage easement and water storage rights to be conveyed <br />shall be exercised consistent with the provisions ofthe Amended and Restated <br />Agreement between the Yampa Participants, the River District and the City of Craig. <br /> <br />8. Pursuant to the Amended and Restated Agreement between the Yampa Participants, the <br />River District, and the City of Craig, the rights conveyed to the CWCB in paragraph <br />Il.A.2 herein are expressly subject to, and will share Pro-Rata together with the retained <br />interests of the River District, in any loss of storage space as a result of sedimentation in <br />the Reservoir Enlargement, any loss of storage water as a result of evaporation, any water <br />shortage resulting from hydrological conditions, any water shortage resulting from an <br />operational constraint on the Reservoir Enlargement, and/or any constraint on the ability <br />to release water from the Reservoir Enlargement due to limitations on the reservoir outlet. <br /> <br />9. Payment of the full Recovery Program Obligation pursuant to the Reservoir Enlargement <br />Agreement is a prerequisite to the River District executing the deeds transferring the <br />interests described in paragraph II.A.2 herein to the CWCB. The parties agree and <br />acknowledge that CWCB shall receive no partial interest in the Reservoir Enlargement <br />based on any partial payments, by any party, of the Recovery Program Obligation. The <br />parties acknowledge that the obligations of Reclamation regarding payment of the <br /> <br />C:\Documents and Settings\amj.DWR\Local Settings\Temporary Internet FiIes\OLKF9\Acq'n Agmt 9-1-04 clean.doc <br />
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