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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 />I <br />. <br />. <br />I <br />I <br />I <br />I <br />. <br />I <br />I <br />I <br />I <br />I <br />.' <br />I <br />. <br />. <br />I <br />. <br /> <br />F, Operation of the Elkhead Reservoir Enlargement and apportionment of any water <br />shortages shall be consistent with the provisions of (1) this Acquisition Agreement and <br />(2) the Amended and Restated Agreement between the River District, the City of Craig, <br />and the Yampa Participants. <br /> <br />G. The 20 Year Lease describes the process for scheduling releases of water from the Short <br />Term Water Supply. The Service shall provide CWCB, Division 6 Engineer, <br />Reclamation, and the reservoir operator with written notice of any water releases or <br />changes to release schedules 24-hours in advance so that CWCB can monitor and protect <br />such releases to and through the Critical Habitat Reach of the Yampa River, The Service <br />will consult with the CWCB during the release period to achieve the objectives of the <br />Recovery Program, the Service and the CWCB. <br /> <br />H. The River District shall annually provide Reclamation, the Service, and CWCB with a <br />summary of releases from the Permanent Water Supply for the prior calendar year by <br />April 1 st of the following year. <br /> <br />VI. MONITORING AND ENFORCEMENT <br /> <br />A. The Service, through the Recovery Program, shall install, operate, maintain, and replace <br />any waterflow measuring and recording devices required by CWCB or the Division 6 <br />Engineer to ensure that the water is delivered to and through the Critical Habitat Reach, <br /> <br />B. The CWCB shall take such action under state law, including requesting administration by <br />the State Engineer and the Division 6 Engineer and initiating water court proceedings, as <br />may be necessary to fully exercise its water right, to deliver the water from the outlet <br />works of the dam from which the water is released to the Critical Habitat Reach, and to <br />protect the release from diversion by third parties within the Critical Habitat Reach, <br />subject to such transit losses as may be imposed by the State Engineer or the Division 6 <br />Engineer. <br /> <br />C. The CWCB and the Service shall comply with the provisions of the Enforcement <br />Agreement in the enforcement and protection of the water acquired herein. <br /> <br />VII. MEASUREMENT AND DELIVERY <br /> <br />A. Releases of water from the Elkhead Reservoir Enlargement made pursuant to this <br />Acquisition Agreement will be measured by the River District at the outlet works. <br /> <br />B. The CWCB shall ensure that all water released by the River District at the direction of the <br />Service pursuant to this Acquisition Agreement, less transit losses, as measured at the <br />Maybell gage or other appropriate locations, will be delivered and protected by the <br />Division 6 Engineer to and through the Critical Habitat Reach. <br /> <br />C:\Documents and Settings\amj.DWR\Local Settings\Temporary Internet Files\OLK.F9\Acq'n Agmt 9.1-04 clean.doc <br /> <br />Seplemb<'2.2004Page 11 of 16 <br />
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