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Canal, and new pump station at Highline Lake or at another suitable location ("Pumping Piant") <br />which, when operated and maintained as a system, will reduce the Canal's annual diversion <br />requirements and contribute to the goal of improving flow conditions in the 15 Mile Reach of the <br />Colorado River for the recovery of endangered fish. The Improvements will be made on Grand <br />Valley Project features that are owned by the United States and are located within the Grand <br />Valley Project service area, Grand Junction, Colorado. REC�nnATION constructed the Grand <br />Valley Project in accordance with the Act of June 25, 1910 (36 Stat. 835), which was approved <br />by the President on January 5, 1911. Funding for capital improvements under the Recovery <br />Program is to be cost-shared among federal, state and private sources. The state and private <br />cost-share combined is to be up to 20% based on the amounts discussed in section 5.4 of the <br />"Final Recovery Implementation Program for Endangered Fish Species in the Upper Colorado <br />River Basin" dated September 29, 1987. In the proposed federal long-term funding legislation <br />(S. 1544 and H.R. 2348), up to 17% in state and private cost-share is expected. <br />F. At its November 25-26, 1996 Board meeting, the CWCB approved a grant of up to <br />$1,250,000 (i.e., approximately 15% of the total estimated cost of $8.4 million to plan, design, do <br />National Environmental Policy Act compliance, construct, operate and maintain the <br />Improvements) to the U.S. Fish and Wildlife Service from the Construction Fund Fish and <br />Wildlife Resources Account (for purposes of this contract, said grant shall be called the <br />Improvements Grant), provided that any unneeded or unused portion of these funds would be <br />returned to the Construction Fund Fish and Wildlife Resources Account if the Recovery Program <br />ceases to be in effect or to serve its intended purposes. The purpose of the Improvements <br />Grant is to provide the required 15% non-federal cost share for the Improvements. <br />G. Subsequently, and pursuant to Senate Bill 97-008, Section 11(a), the STATE was <br />authorized to make a nonreimbursable grant in an amount of up to $1,250,000 from the Fish and <br />Wildlife Resources Account of the CWCB Construction Fund to the U.S. Fish and Wildlife <br />Service for the Improvements, under the condition that any unneeded or unused portion of these <br />funds will be restored to the Fish and Wildlife Resources Account if the Recovery Program <br />ceases to be in effect or to serve its intended purposes. <br />H. At its January 1998 Board meeting, the Board approved amending the authorization for <br />this grant to include participants of the Colorado River Recovery Implementation Prngram as <br />grant recipients. In the 1998 Colo. Sess. Laws, Ch. 175, Section 13, the General Assembly <br />amended said authorization to delete the U.S. Fish and Wildlife Service and add "participants of <br />the Colorado River Recovery Implementation Program." <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained herein, <br />the Parties agree as follows: <br />1. Operation, maintenance and replacement of IMPROVEMENTS. The AssociAT�oN shall <br />utilize the Improvements Grant in conjunction with other funds (i.e. Recovery Program funds <br />from Reclamation) available to the ASSOCIATION to cause the operation, maintenance and <br />replacement of the Improvements in accordance with the Improvementsplans and specifications <br />developed and approved by Reclamation and the ASSOC�AT�oN, which plans and specifications <br />are incorporated herein by reference. <br />2. Disbursement of funds. The STATE's disbursement of the Improvements Grant to the <br />Associa,Ti�N shall be in one lump sum of $1,250,000 (one million two hundred fifty thousand <br />dollars) and shall be paid within twenty (20) days of the date of award of the first Improvements <br />construction contract, provided that the STATE has approved the institution into which the <br />Page 2 of 11 <br />