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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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r <br />t <br />CW04017 <br />4. Contract Term. <br />a The term of this Contract shall be for a period of one (I) yeaz; provided, that the <br />parties shall in good faith negotiate any amendment to this Contract that may <br />become necessary as a result of lawful requiremen#s imposed by the $ureau of <br />Reclamation, the Division 5 Water Court, or the federal district court in <br />connection with the appraval of Colorado Springs' substitutian under the MOA. <br />5. Water Shortage. In the event that ths River Distzict is unable, because of either legal or <br />physical reasons, to deliver any or all of the full amdunt of water contracted from the <br />Projeet, including the Contracted Water, the River District xeserves the right to apportion <br />the Project's available water among its several contractors, including Contractor, uz the <br />manner provided in Section 6 of the Water Marketing Policy. <br />• 6. Contract Termination. <br />a Termination bv River District. <br />i, The River District may terminate this Contract for any violation or breach <br />of the terms of this Contract by Contractor, including Contractor's faihare <br />to cause Middle Park to book over the Wolford Mountain water due under <br />this Contract, within tbirty (30) days after receivin.g written notice from <br />the River District of such breach. <br />ii. The River District also may term.inate this Contract it in its discretion any <br />judicial or administrative proceedings initiated by Contractor as <br />contemplated in subpazagraph 2.d above, threaten the River District's <br />authority to contaract for delivery of Project VJater ar the River District's <br />water rights, pernoits, ox other intezests associated with the Project. <br />iii. The Rivez District may terminate this Contract if its legal ability to deliver <br />Contracted Water is materially iznpaixed or is eliminated because of the <br />termination or adverse modification of agreements, permits, decrees or <br />other authorizations which are needed to deliver the Contracted Water. <br />7. Miscellaneous/Standard Provisions. <br />a. Nofiices. <br />i. All notices xequired ar appropriate under or pursuant to this Contract shall <br />be given in writing mailed or delivered to the parties at the following <br />addresses:
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