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ACQ,L~ISITIO~ AGREE~VIEI~TT <br />ELKHEAD RESERVOIR E~TI:ARGE~VIEI~TT <br />This Acquisition Agreement is entered into this 17~' day of February, 200, by and among the <br />LTnited States of America, Department of the Interior, Bureau of Reclamation ("Reclamation") <br />and Fish and `'~~ ildlife Service (``Service"), both acting through the Secretary of the Interior, <br />pursuant to the Act to Authorize the Bureau of Reclamation to Provide Cost Sharing for the <br />Endangered Fish Recovery Implementation Programs for the Lpper Colorado and San Juan River <br />Basins, (October 30, 2000, J 14 Scat. 1602, Public Lave 106-392 ), and acts amendatory thereof or <br />supplementary thereto, the Colorado River Water Conservation District, acting by and through its <br />Colorado Rig°er V~'ater Projects Enterprise ("River District'') and the State of Colorado, acting by <br />and through the Colorado ~?~- ater Conservation Board ("CV~'CB"). <br />RECITALS <br />~?~'HEREAS, the Recovery Implementation Program for Endangered Fish Species in the <br />Lipper Colorado River Basin ("Recovery Program") dated September 29, 1987 v~~as <br />implemented by a Cooperative Agreement signed in January 1988 by the Secretary of the <br />Department of the Interior, the Governors of the States of Colorado, Utah, and Wyoming, <br />and the Administrator of the V4'estern Area Power Administration. The Recovery <br />Program is a coalition of agencies and organizations. The goal of the Recovery Program <br />is to recover four species of endangered fishes while allowing water development to <br />proceed consistent «-ith state vv ater lave and in compliance with the Federal Endangered <br />Species Act ("ESA") in the Upper Basin states of Colorado, LTtah, and Wyoming; and <br />2. ~?~~HERE AS, section Z of the Endangered Species Act, 16 U SC. § § 1531 (c) (2), declares <br />that it is the policy of Congress for federal agencies to cooperate with state and local <br />agencies on ~v~ater resource issues in concert v~~ith conservation of endangered species; and <br />the L?.S. Fish and ~?~~ ildlife Sen-ice is primarily charged v~~ith implementing the <br />Endangered Species Act and ensuring the protection and recovery of threatened and <br />endangered species; and <br />3. ~?~'HEREAS, pursuant to section 4(b)(2) of the ESA, on March 21, 1994, the Service <br />designated certain reaches of the Yampa River as critical habitat for each of the four <br />endangered fish species. The largest of these reaches extends from the State Highway <br />394 bridge in Craig, Colorado downstream to the confluence of the Green River. For the <br />purposes of this Acquisition Agreement, this reach shall be described as extending from <br />the confluence of Elkhead Creek downstream to the confluence of the Green River and <br />shall be referred to as "the Critical Habitat Reach;" and <br />4. ~?~'HEREAS, the River District is a political subdivision of the State of Colorado created <br />and existing pursuant to its Organic Act ~§37-46-101, et seq. C.R.S., and other applicable <br />statutes; with authority to aid in the conservation, use and development of the v4~ater <br />I: =_Ch~~ .Clienu Ri~~er ~:s~icl=~ I -ir',khea3-1 ~'- £=A~eernznu _~cy'n ~~nt al.k~ <br />tiaril ~. ~,,~,~ age 1 of 17 <br />