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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />1.3 Second Parties desire to participate in the cost of <br />cons tructi n<1 the E1 khpad Creek Reservoi r if Fi rs t Pa rty I.,i 11 <br />increase the size thereof to ____________.acre-feet of ~;lol.,"'" <br />and a1101'! Second Parties to have available from said Reservoir <br />acre-f eet of wa ter a nnua 11 y. <br />1.4 First Party desires to increase the size of Elkhead Creek <br />Reservoir to acre-feet and permit Second Parties to have <br />storage ri~hts therein since the larger reservoir will enhance <br />the recreational worth and use of Elkhead Reservoir and shall <br />benefit the public of Colorado wbo will make recreational use <br />thereof. First Party also is willing to al101~ Second Parties <br />to have acre-feet of water available from said Reservoir. <br />2. AGREEMENT: The parties agree as follows: <br />3. CONSTRUCTION OF ELKHEAD RESERVOIR: <br />3.1 First Party aqrees to construct or cause to be constructed <br />an earth-filled dam _____feet high, with _____feet of free board, <br />with rock-protected upstream face and seeded downstream face, <br />and a concrete spi 11 way I~ith concrete out1 et tube with a capa- <br />city of cubic feet of water per second of time, to a <br />crest elevation of feet above mean sea level, for the pur- <br />pose of impounding water in a reservoir to contain approxi- <br />mately acre-feet of water. Such dam shall be constructed <br />on E1khead Creek, a tributary of the Yampa River at a point <br />located in Section 16, Township 7 North, Range 89 West of the <br />Sixth Principal Meridian in Moffat County, Colorado, as more <br />particularly shown on Exhibit A attached hereto and by this <br />reference made a part hereof. The outlet tube from Elkhead <br />Creek Reservoir shall be so placed as to comply with the <br />requirements of the State Enqineer, \-Ihich are that Elkhead <br />-2- <br /> <br />