BOARD01632

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

Septombe>-2.20044

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In the event the Service, in consultation with the Recovery Program, determines that the
Short-Term Water Supply herein leased is no longer needed to provide water for
endangered native fish species in the Critical Habitat Reach or Reclamation's and/or the
Service's authority under Public Law 106-392 is terminated pursuant to Section 3.(h)
thereof and upon 120 day written notice signed by both Reclamation and the Service to
the parties hereto, this Lease and all responsibilities and obligations herein shall be
terminated.

C. Deliverv. The River District will deliver the Short-Term Water Supply at
the outlet works of Elkhead Reservoir. As provided in Article VI of the Acquisition
Agreement, the Service, and/or the CWCB, in conjunction with the Division Engineer for
Water Division No.6, shall be solely responsible for ensuring that water from the Short-
Term Water Supply is delivered from the outlet works of Elkhead Reservoir to the
desired place of use. With the exception of the obligations in Paragraph D, the River
District shall have no responsibility once the Short-Term Water Supply is released at the
outlet. The Lessees (Reclamation, the Service, and/or sub-lessee the CWCB) shall be
exclusively responsible for transit losses assessed by the Division Engineer associated
with water released from the Short-Term Water Supply.

D. Water Measurements. The River District shall measure at the outlet works
of Elkhead Reservoir all water delivered from the Short-Term Water Supply account
and, if requested by the Division Engineer, shall provide the Division Engineer for Water
Division No.6 and the parties hereto accounting report(s) listing the date, time and
amount of such releases delivered pursuant to this Lease.

E. Price. Reclamation on behalf of the Recovery Program shall be obligated
to pay for any water made available under this Lease at the request of the Service
pursuant to Paragraphs F and H, at a rate of$50.00 per acre-foot requested, regardless of
whether all or any portion of that water is actually released from storage (at the request of
the Service). On or before March 31 each year of the Short-Term Water Supply Lease,
the River District shall submit to Reclamation an invoice for the prior year together with
water delivery records showing the total amount of Short-Term Water Supply water
requested for release by the Service as provided in Paragraphs F and H herein. Said
invoice shall be due 90 days from the date the invoice is sent.

F. Annual Allocations. The Service shall provide notice to the parties hereto
of its intent to take a given amount of the Short-Term Water Supply in accordance with
the following schedule:

1. On or before May I each year of the Short-Term Water Supply Lease, the
Service shall provide such notice of its intent to take 500 acre-feet ofthe
Short-Term Water Supply or relinquish the full 2,000 acre-feet to the River
District;

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