BOARD01632

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

1. United States. Nothing contained in this Reservoir Enlargement
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 Colorado River
Storage Project Power Revenues provided for the purposes of this Reservoir
Enlargement Agreement for that fiscal year.

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automatically be renewed for an additional one (1) year term. After notice has been sent
by any party or parties objecting to anyone-year term renewal, this provision shall not
continue to effectuate an automatic one-year term renewal in any subsequent year.

B. In the event the Service, in consultation with the Recovery Program, determines
that the Permanent Water Supply to be conveyed to the CWCB is no longer needed
within the Yampa River Basin to provide water for endangered native fish species in the
Yampa River Basin or Reclamation's and the Service's authority under Public Law 106-
392 is terminated pursuant to Section 3. (d) thereof, all responsibilities and obligations of
Reclamation and the Service under this Reservoir Enlargement Agreement shall be
terminated after complying with the procedures described in paragraph XII of the
Acquisition Agreement.

X.

Miscellaneous

A. Officials Not to Benefit. No Member of or Delegate to Congress or Resident
Commissioner or official of the United States or the State of Colorado shall benefit
from this Reservoir Enlargement Agreement other than as a water user or landowner in
the same manner as other water users or landowners.

B. Assignment Limited - Successors and Assigns Obligated. The provisions of this
Reservoir Enlargement Agreement shall apply to and bind the successors and assigns of
the parties hereto and no assignment or transfer of this Reservoir Enlargement
Agreement shall be valid until approved in writing by the parties hereto.

C. No Improper Pavrnents. The parties hereto warrant that they have not employed
any person to solicit this Reservoir Enlargement Agreement upon any contract for a
commission, percentage, brokerage, or contingent fee, except those disclosed. Breach
of this warranty shall give any ofthe parties hereto the right to annul this Reservoir
Enlargement Agreement. This warranty shall not apply to commissions payable by
contractors upon contracts or sales secured or made through bona fide established
commercial or selling agencies maintained by the parties hereto for the purpose of
securing this Reservoir Enlargement Agreement.

D. Subiect to Appropriations.

2. River District. Nothing contained in this Reservoir Enlargement
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