17 ‎(6)‎

• Board Meeting Date: 9/17/2008
• Description: WPFM Section - Chatfield Reallocation Study - Letters of Commitment
• Board Meetings - Doc Type: Memo

5(a) above may be transferred by th e departing User to a third party
pursuant to the proposed terms, provi ded, however, that such third party
shall be required to obtain the pr ior written approva l of the CWCB and
shall conform its operation of the storag e allocation to the operational plan
and guidelines for the operation of the reallocated space in Chatfield.
c. Any portion of the surrendered allocati on not acquired as provided in 5(a)
or 5(b) above may be retained by the User or conveyed to the CWCB
which shall hold such space in a reallocation pool available for
redistribution by the CWCB according to such rules and regulations as it
may adopt.
d. The CWCB and the User agree that a Us er may lease or sublease all or a
portion of its allocation upon such term s as User may establish; provided,
however, that all such leases or subl eases shall require the approval of the
CWCB for the purposes of ensuring th at the proposed lessee’s operation
of storage space will not impair th e Chatfield reallocation operational
plans and any environmental or other permitting premised upon such
operational plan.
e. The CWCB and the User acknowledge a nd agree that the operational plan
for operation of the potential realloca ted space in Chatfield is not yet
developed, but that the User’s use of its storage allocation will necessarily
be subject to such plan.
6. User will fully cooperate with reasonab le requests for non-privileged information
as part of the FCSA Study process.
7. User understands there is no certainty that the FCSA Study will result in storage
space being made available at Chatfield Rese rvoir. Any in-kind services or funds
paid for the FCSA Study will not be reimbursed.
8. If the FCSA Study concludes that the total storage space available for
reallocation is a volume ot her than 20,600 AF, then th e actual volume available
shall be allocated to each Colorado Wate r Entity based upon the percentages in
Exhibit C.
9. User agrees the use of storage space in Chatfield Reservoir is contingent upon
User also entering into a separate operations agreemen t with the Project Sponsors
(e.g. CWCB and U.S. Army Corps of Engi neers) conforming to the conclusions
of the FCSA Study related to recrea tional and environmental mitigation
requirements.
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