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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DRAFT 9-1-04
Enlargement and the water storage space located behind the Dam Enlargement. The
water stored behind the Dam Enlargement shall include water stored pursuant to water
storage rights decreed for the existing Elkhead Reservoir as well as any water stored
pursuant to additional water storage rights adjudicated and decreed for storage in the
Reservoir Enlargement. The Reservoir Enlargement will have a total estimated capacity
of 24,887 acre-feet.

Permanent Water Supplv - shall consist of the CWCB's ownership interest in the storage
space in the Reservoir Enlargement and the CWCB's ownership interest in the water
storage rights decreed to fill the Reservoir Enlargement as described in paragraph II.A
herein.

Prioritv - shall mean the relative seniority of the water rights held by, or that may be
acquired or adjudicated by, Craig, the River District, or the Yampa Participants for the
Reservoir or Reservoir Enlargement as decreed by a court of the State of Colorado.

Pro-Rata Formula - shall mean the allocation of the storage space created by the
construction of the Reservoir Enlargement, estimated to be 11,750 acre-feet, as follows:
27/4ih interest (6,750 acre-feet) to the River District and 20/4ih interest (5,000 acre-feet)
to the CWCB for Recovery Program purposes. The Pro-Rata allocation is based on the
percentage contributions of the parties to fund the total costs related to the construction of
the Reservoir Enlargement as well as the long term costs of the Reservoir's operation,
maintenance and repair allocated to the Reservoir Enlargement. lnthe event that the
actual percentage contributions ofthe parties to fund the total costs related to the
construction ofthe Reservoir Enlargement differ from the 27/47th and 20/47th
relationship described herein, then the Pro-Rata Formula shall be adjusted in accordance
with the terms of paragraph H.B herein. Pro-Rata does not refer to or mean the amount
of water actually stored in the Reservoir Enlargement at any specific time.

Recoverv PrOgram Obligation - shall mean the obligation of the Recovery Program,
through Reclamation with and through the State of Colorado, to fund the Recovery
Program's Pro-Rata share ofthe Reservoir Enlargement Cost of Construction. The
Recovery Program Obligation is estimated at $8,722,888.00. The amount of the
Recovery Program Obligation may be adjusted pursuant to the terms of paragraphs II.B
and 1lI.A.1 herein.

Reservoir Enlargement Cost of Construction - shall include costs related to: actual
construction costs, land acquisition costs, permitting costs, engineering costs,
construction contract administration costs, construction management costs, and water
rights adjudication costs. The Reservoir Enlargement Cost of Construction is estimated to
be $20,498,787.00.

Reservoir Operation. Maintenance and Reoair "OM&R"- shall mean the day-to-day
control and operation and the reasonable and necessary maintenance, and/or repair,

C:\Documents and Settings\afJ!i.DWR\Local Settings\Temporary Inteme~~oir Enlargement Agreement 9-1-04 dean.doc