BOARD01632

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

DRAFT 9-1-04
including unanticipated, extraordinary or emergency maintenance, repair, and/or
replacements that are necessary for long-term operation of the Reservoir.

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River District Obligation - shall mean the obligation of the River District to fund its Pro-
Rata share of the Reservoir Enlargement Cost of Construction. The River District
Obligation is estimated at $11,775,899.00.

Yamoa Particioants - consist of Public Service Company of Colorado (d/b/a Xcel
Energy), Platte River Power Association, Salt River Project Agricultural Improvement
and Power District, Tri-State Generation and Transmission Association, Inc., and
Pacificorp, and their successors and assigns. Collectively the Yampa Participants own
the right to delivery of approximately 8,522 acre-feet of water storage space in the
existing Reservoir subject to contractual terms.

Yamoa River Basin - a hydrologic unit of the Green River subbasin of the Upper
Colorado River Basin; in the context of this Reservoir Enlargement Agreement, the
Yampa River Basin encompasses all lands within the drainage basin of the Yampa River
in the State of Colorado only.

II. Peroetual Water Storage Soace Easement and Water Right

A. Interests to be Conveved. 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,
pursuant to the Acquisition Agreement, 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 5,000 acre-foot perpetual water storage space easement behind the Elkhead
Reservoir Dam and within the 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,

5,000 acre-feet of the total 13,000 acre-feet water right decreed for storage in
Elkhead Creek Reservoir Enlargement with an appropriation date of October 16,
2002, as proposed to be decreed in pending Case No. 02CW106, Water Division
No.6, for 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 Basin Fishes Recovery Program).

C:\Documents and Scttings\at1'!i.DWR\Local Settings\Temporary In~~~&oir Enlargement Agreement 9.1-04 c1ean.doc