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Letter of Commitment <br />Related to <br />The Reallocation of Storage Space in <br />Chatfield Reservoir <br /> This letter of Commitment, entered into this ___ date of September , 2008, by and <br />between the Colorado Water Conservation Board (hereinafter referred to as the “State”) <br />and Mount Carbon Metropolitan District (hereinafter refe rred to as the “User”): <br />WITNESSETH THAT: <br /> WHEREAS, the United Stat es, acting through the United States Army Corps of <br />Engineers (Corps) has constructed Chatfield Re servoir on the South Platte River in 1973; <br />and <br /> WHEREAS, the Corps is conducting a f easibility Study funded by a Feasibility <br />Cost Share Agreement (FCSA) between th e Corps and the State dated 9/2/1999, (the <br />“FCSA Study”), as authori zed under Section 808 of the Water Resources Development <br />Act of 1986 (Public Law 99-662), to “reassi gn a portion of the storage space in the <br />Chatfield Lake project to join t flood control- conservation pu rposes, including storage for <br />municipal and industrial water supply, agricu lture, and recreation and fishery habitat <br />protection and enhancement”; and <br /> WHEREAS, the State, in accordance w ith Section 808 of the Water Resources <br />Development Act 1986, is the Study sponsor, ha s contributed significant funding towards <br />the FCSA Study, is coordinating the interests of the Colorado Water Entities in storage <br />space in Chatfield Reservoir and, if storage sp ace is made available, will represent the <br />Colorado Water Entities’ interests in request ing storage space in Chatfield Reservoir <br />from the Corps; and <br /> WHEREAS, the Corps has reached a pr eliminary finding from the FCSA Study <br />that 20,600 acre-feet (AF) of permanent st orage space is potentially available for <br />reallocation in Chatfi eld Reservoir; and <br /> WHEREAS; the Colorado Water Entitie s interested in acquiring space in <br />Chatfield have conducted an open, widely ad vertised process of multiple meetings <br />between June 30, 2004 and January 4, 2005 a nd, but for issues raised by Mt. Carbon <br />Metropolitan District prior to and at the January 25, 2005 Colorado Water Conservation <br />Board meeting, reached the consensus recommendation of what they believed was an <br />24123 <br />