BOARD01632

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

Septembe'2.2004Page 2 of 16

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applicable statutes, with authority to aid in the conservation, use and development of the
water resources of the Colorado River and its principal tributaries, and is vested with
sufficient authority to receive and manage funds and to coordinate certain activities under
the Recovery Implementation Program-Recovery Action Plan ("RIPRAP") benefitting
the four Colorado River endangered fishes and water resources in general. The River
District owns and conducts a business engaged in water activities pursuant to the
Colorado Water Activity Enterprise Act, Article 45.1 of Title 37, C.R,S., in order to
provide for the beneficial use of water within the District. The River District's Board of
Directors confirmed its authority to operate such a business by Resolutions adopted on
July 16, 1985, October 19, 1993, October 19, 1999, and October 17, 2000, For purposes
of this Acquisition Agreement, the River District is acting by and through its Colorado
River Water Projects Enterprise and/or by and through its Board of Directors, or both, as
determined by the River District. The River District has authority to Aperform all acts
and things necessary or advisable to secure and insure an adequate supply of water,
present and future," which includes the authority to construct, own, operate, and maintain
water storage facilities; and

5. WHEREAS, the CWCB is a state agency within the Colorado Department of Natural
Resources (DNR) created for the purpose of aiding in the protection and development of
the waters of the state for the benefit of the state's present and future inhabitants. The
CWCB is authorized by section 37-92-102(3), C,R.S., to acquire from any person,
including any governmental entity, such water, water rights or interests in water as the
CWCB determines may be required for instream flows to preserve or improve the natural
environment to a reasonable degree and to take whatever action may be needed to ensure
such instream flows remain in the river; and

6. WHEREAS, the Service and the CWCB entered into a Memorandum of Agreement dated
September 21,1993, attached hereto as Exhibit A, concerning enforcement and
protection of endangered fish species' instream flows ("the Enforcement Agreement")
and the Service is relying upon the'CWCB to appropriate, acquire and enforce instream
flow water rights for the listed species under state law; and

7. WHEREAS, pursuant to Article 92, Title 37, C.R.S., as amended, the State Engineer's
Office is responsible for the administration and distribution of the waters of the State,
and, under Article 92, Title 37, C.R.S., the CWCB may call upon the State Engineer and
the Division Engineer for Water Division 6 ("Division 6 Engineer") to administer water,
water rights or interests in water held by the CWCB for instream flows to preserve or
improve the natural environment to a reasonable degree within the Critical Habitat Reach
of the YampaRiver, which enforcement actions are more fully described in the
Enforcement Agreement and in this Acquisition Agreement; and

8. WHEREAS, the Service has agreed that any acquisition of water, water rights, or
interests in water by the CWCB for the benefit of the four listed fish species shall be
considered in determining whether there has been sufficient progress for the Recovery

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