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
April 30 or within 45 days ofthe Director's request for submittal,
whichever is later;

c. The Recovery Program Management Committee will
review the work plan between May I and August 31, and;

d. The Director of the Recovery Program will approve the
work plan on or before September 10.

2. In the event that the River District and the Recovery Program
cannot agree on an OM&R budget and annual work plan for the Reservoir
Enlargement, then the annual OM&R budget for the Reservoir Enlargement shall
be equal to the budget for the prior year, plus five (5) percent.

3. The River District may request approval for additional funds from
the Recovery Program in the event the River District's actual costs exceed the
annual work plan estimates. Except for emergency situations, the River District
shall request additional funds from Recovery Program prior to incurring
expenditures.

D. By March I of each year, the River District shall submit an itemized invoice
showing the Reservoir's prior year's OM&R expenses paid by the River District.
Reclamation, on behalf of the Recovery Program and the CWCB, agrees to pay the River
District a Pro-Rata share of the prior year's Reservoir Enlargement OM&R expenses paid
by the River District, approximately equal to 5,000I24,887Ih of the total Reservoir
OM&R. Reclamation agrees to pay the amount due within thirty (30) days of receiving
an invoice from the River District. Past due amounts shall incur a late fee in the amount
ten (10) percent of the amount owed to the River District. An additional late fee in the
amount often (10) percent of the amount owed (plus past incurred late fees) shall be
assessed in each subsequent year that Reclamation is in arrears. .

1. Payment to the River District shall be sent directly to a financial
institution by Direct Deposit/Electronic Funds Transfer.

E. The payment of charges becoming due as provided in paragraph IV.D. herein is a
condition precedent to receiving benefits under this Reservoir Enlargement Agreement
and the Acquisition Agreement. The River District shall not make water available to the
CWCB, or the Recovery Program, through the Reservoir facilities during any period in
which Reclamation is in arrears in the payment of OM&R expenses and until all funds
due and owing for the current year (and past years, if any) are paid in full together with
any late fees that have been assessed If in the unlikely event the Recovery Program
through Reclamation fails to pay OM&R amounts for a period of five (5) years, the
CWCB shall forfeit to the River District storage space capacity and associated water

C:\Documents and Settings\amj.DWR\Local Settings\Temporary Intern~~MUttoir Enlargement Agree~t 9-1-04 clean-doc