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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2. On or before June 1 of any year in which the Service requests 500 acre-feet of
water pursuant to Paragraph F .1., the Service shall provide notice of its intent
to take an additional 500 acre-feet of the Short-Term Water Supply or
relinquish the remaining balance of 1,500 acre-feet to the'River District;

3. On or before July 1 of any year in which the Service requests a total ~f 1,000
acre-feet of water pursuant to Paragraphs F.1. and F.2., the Service shall
provide notice of its intent to take the remaining balance of 1,000 acre-feet of
the Short-Term Water Supply or relinquish that amount to the River District.

4. If the Service fails to make an affirmative request in any year for water
pursuant to Paragraphs F.1, F.2., and/or F.3., the Service shall be considered
to have relinquished the remaining balance of the Short-Term Water Supply
from that point forward until the Short-Term Water Supply resets on March 1
in accordance with Paragraph L.

G. Use of Non-Allocated Water. In years when the Service relinquishes all
or a portion of the Short-Term Water Supply according to the schedule in Paragraph F,
the River District shall have the right to use any relinquished portion of the Short-Term
Water Supply for other River District purposes (including leasing the water to third
parties).

H. Additional Allocation. In the event the Service subsequently determines
that water from the Short-Term Water Supply previously relinquished to the River
District pursuant to the provisions in Paragraph F is needed to assist in the recovery of
endangered fish, Reclamation and/or the Service may reacquire such Short-Term Water
Supply water that has not been put to another beneficial use, or otherwise committed to a
third party, by the River District.

I. Release Schedules. The Service shall provide the parties hereto with a
preliminary written schedule of anticipated monthly demands on or before May I of each
year. The schedule provided by the Service shall serve as the release schedule to be used
by the River District until modified by written notice. The Service shall have the right to
modify the release schedule by giving the River District twenty-four (24) hours written
notice. The River District shall confirm the modified release schedule in writing and shall
additionally notify the parties hereto in the event that it is not possible to make any
particular scheduled release. Notices pursuant to this Paragraph may be made by U.S.
Mail, fax or e-mail as the parties may so decide.

J. Releases. Releases of water from the Short-Term Water Supply shall
begin no earlier than July I in any year and shall terminate no later than the end of
February of the following calendar year. The Service shall first exhaust the Permanent

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