Prehearing Statement of the Board of County Commissioners of the County of Summit, CO

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cwo4o17 F. Contractor has reviewed the MOA and the Water Marketing Policy and is aware of the "Hydrology .Assumptions" which are part of that Policy and is satisfied, based on its review and investigations, that Contractor legally and physicatly can make use for its intended purposes of the Contracted Water which is the subject of this Contract and that such use wzll comply with the Water Marketing Policy, the MOA, and the Project's permits an.d decrees. DEFINITIONS In this Contract certain terms will have definitions as sta.ted below: The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Orgaziic Act defined in Recital A and acting by and through its Colorado River Water Projects Enterprise wluch is ctarrently described and memorialized in the Resolution of the Colorado River Water Conservafiion District's Board of Directors dated January 17, 2041. The "Project" means the River District's "Blue River Supply" from the River D15tT1Ct's contractual right to the delivery af Wolfard Mountai.n Reservoir water stored in Upper Blue Reservoir. Wolford Mountain Reservou storage water right decrees were obtained by the River District in Cases No. 87CW283, 95CW281 and 98CW237, District Court for Colorado, Water Division No. S, and additional storage water right decrees may be obtai.ned in the future by the River District in ather cases. "Agricultural" means the use of water for commercial production of agriculiural crops and livestock antl other uses cnnsistent with any right decreed for urigation purposes, which uses are made on a pazcel of land of at least ten acres. "Ivfunicipal and Industrial" mea.ns the use of water by individuals, cities, towns, public or quasi-public districts, private corporations, homeowners associations, or other entities'foz domestic, municipal, and misceIlaneous related purposes as those terms are traditionally and commonly construed, iricluding the use of water for purposes of producing or processing a non-agricultural product or sezvice foz sale, including withaut limitations, such uses as manufacturizig, mining, milling, laud reclamation, golf course irrigation, snowmakirig, and non-hydroelectric power generation; and including the use of water for environmental mitigation purposes associated with such uses; hut excepting the agricultural use of wafer defined. herein. "Contracted Water" means the water which is the subject of this Contract which is be releas an ei e isitriCrt-anti-used-bTC-mTtractor. The Contracted Water is SO acre feet of Biue Rivez Supply available during the term of this Contract, subject to the provisions hereof and the MOA, for Contractor's use without right of canyover af any amount not used in aay Project Year. The