BOARD01632

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

Septemb..-2.2004Page 12 of 16

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C. Neither Reclamation, the River District, nor the Service shall be responsible for the
delivery, control, carriage, use, handling, or distribution of water provided pursuant to
this Acquisition Agreement, delivered beyond the outlet works of the reservoir.

VIII. REPORTING AND ACCOUNTING

The Service shall prepare and provide an annual report to the parties hereto of water
released from the Permanent and Short Term Water Supplies. The Service shall
document the benefits of using the water stored in the Elkhead Reservoir Enlargement
towards recovery of the Endangered Fish as part of its annual Recovery Program progress
reports on this matter. The CWCB, in consultation with the Division 6 Engineer, shall
provide an annual report to the parties hereto on the amount of water actually protected
through the Critical Habitat Reach.

IX. SUFFICIENT PROGRESS

Use of this water for the benefit of endangered fish and protection of critical habitat in the
Critical Habitat Reach shall contribute to completion of the Recovery Program's RIPRAP
and shall be considered in determining whether there has been sufficient progress under
the Recovery Program.

X. CWCB ACTION

Any action by CWCB to acquire the water, water rights or interests in water described
herein shall comply with the Enforcement Agreement and the CWCB's Rules
Concerning the Colorado Instream Flow and Natural Lake Level Program ("ISF Rules").
Notwithstanding the foregoing, the parties acknowledge and understand that the water
rights acquired under this Acquisition Agreement are not subject to modification under
section 37-92-102(4), C.R.S. or the ISF Rules.

XI. MISCELLANEOUS PROVISIONS

A. The provisions of this Acquisition Agreement shall apply to and bind the successors and
assigns of the parties hereto and no assignment or transfer of this Acquisition Agreement
or any right or interest herein, shall be valid until approved in writing by the parties
hereto.

B. All of the provisions ofthis Acquisition Agreement shall survive the closing of the
conveyance required by paragraphs II.A and B herein, and shall not merge therewith.

C. Nothing contained in this Acquisition Agreement shall be construed as binding the
United States to expend in anyone fiscal year any sum in excess of appropriations made
by Congress, contributions from the States participating in the Recovery Program and

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