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

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MIDDLE PAF2K WATER CONSERVnNCY DISTRICT Water Allotment Contract TEIIS CONTRACT is made and entered into this day of AP,Q/G , 1984, by and between the BOARD OF DIRECTORS OF N,IbDLE PARR WATER CONSERVANCY DISTRICT, hereinafter referred to as "Middle Park", and BOAnD OF COUNTY_ COMMISSIGNERS OF SUMMI COUNTY , hereinafter referred to as "County", W I T N E S S E T H: . WHEREAS, Middle Park is one of the signatories to an agreement dated the 30th day of April, 1980, with the tlunicipal Subdistrict, i3orthern Colorado Water Conservancy District which is denoted AGREEMENT CONCERNING THE WINDY GAP PROJECT AND THE AZUF2E RESERVOIR AND POWER PROJECT, and hereinafter referred to as the Windy Gap ngreement, which Agreement is attached hereto as Exhibit "A" and fully incorporated herein; and, WfIEREAS, Middle Park receives certain benefits and obligations under said Agreement; and, WHEREAS, Middle Park was the owner of the original decree for the Azure Reservoir, also designated as the First Stage of the Gore Project, as more particularly described in the plat and statement thereof filed in the office of the State Engineer as Filing No. 21230, and the Azure Power Plant and the conduits connected therewith, as more particularly described in the plat and statement thereof filed in the office of the State Engineer as Filing ivo. 21360; together with the rights adjudicated t)iereto in Cause No. 1277 in the District Court of Eagle County, Colorado, wherein said Azure Reservoir is Numbered 398 with Priority No. 933 and the Azure Power Plant is Numbered 399 with Priority No. 434; and, WHEFtEAS, Middle Park conveyed by deed its interest in said decrees to the Colorado River Water Conservation District on August 17, 1969, however reserving unto hliddle Parl: 5,000 acre-feet; and, WI-iEREAS, the Windy Gap Ilgreement preserves Middle Park's _ Summit Exhibit 1 --