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Prehearing Statement of the Board of County Commissioners of the County of Summit, CO
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Prehearing Statement of the Board of County Commissioners of the County of Summit, CO
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Last modified
1/26/2010 4:41:24 PM
Creation date
7/24/2009 2:03:47 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.51A2
Description
Objectors' Prehearing Statements
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/3/2005
Author
Stephen M. Mathis, Ron Holliday
Title
Prehearing Statement of the Board of County Commissioners of the County of Summit, CO
Water Supply Pro - Doc Type
Litigation
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WHEREAS, the parties are not exactfy certain as to how much af the 300 acre- <br />feet allotted to Summi# County pursuant to this Option Agreernent wii( in fact be utifized <br />for the hereinafter specified purposes, and accordingiy, Middle Park has agreed to <br />make 300 acre-feet of Wolford Mountain water available to Summit County as <br />hereinafter provided, <br />NOW THEREFORE, in consideration of the premises, mutuai covenants and <br />agreements, the parties agres as follows: <br />(1) Attached hereto as Exhibit "A" 9s a copy of the standard fiorm January 10, <br />2001 Wolford Mountain Water Allotment Contract which is incorporatPd <br />herein by this reference and except as expressly modifred herein sha!l <br />provide the terms and condftions of the Agresment between Summit <br />County and Middle Park. (2) iVliddle Park hereby provides an optian to Summit County to purchase up <br />to 300 acre-fieet of Wolfard Mauntain water for the purposes of providing <br />that water to its own contractees, for providing water for out-of-compliance <br />welis or other strllctures, for providing water to Summit County owned or <br />feased property, for providing replacemen# water to the Denver Water <br />Baard and the City of Colorado Springs, and for providing water pursuant <br />. to the existing appiicatian, 95CW122. . <br />(3) Duratian. This Option Agreement for 300 acre-feet of Wolford Mountain <br />water shaEf begin at the time of execution of this Agreement and terminate <br />an January 1, 2023, unless earlier terminated by mutual agreement by <br />both parries ar as otherwise provided in this Agreement. At which time <br />any quantity of water left over from the 300 acre-fee# which has not been <br />contracted for with Middle Park for the aforesaid uses shail be available #o <br />Middle Park to utilize in whatever fashion it wants to and Summit County <br />will no Ianger have any interest therein. <br />(4) IVliddle Park, during the period of this Qption Agreement, agrees not to - <br />sell, lien, encumber, transfer or atherwise deal in the 300 acre-feet that it <br />is providing an option to Surnmit County to purchas.e as herein provided. <br />(v) Summit County, in contracting forthis Wolford.Mountain wafer, is acting in <br />. various capacities including the folfowing: <br />(a) ln providing water #o nonconforming wells pursuant to 95CW122, <br />Summit County is a water provider (retailer) sirnilar to a municipafify. <br />or quasi-rnunicipafity that provides water service to its individual <br />users. <br />-2-
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