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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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(4) The date for conveyance of the water to County by <br />Middle Park shall be no later than one (1) year after execution of <br />this Agreement. The time for closing may be extended by mutual agree- <br />ment of the parties. <br />(5) The water conveyed tiereunder shall have equal priority <br />with that conveyed to other municipalities out of the water stored <br />annually in Granby Reservoir, and in case of shortaqe shall be prorated <br />in a ratio that County's contracted water bears to the total 3,000 <br />acre-feet available in Granby Reservoir and that is contracted out <br />by Middle Park. <br />(6) All terms and conditions of the Windy Gap ngreement <br />are expressly incorpoxated in this Agreement, and County agrees to <br />abide by the terms and conditions set out therein in so far as they <br />relate to the water herein conveyed. <br />(7) The terms and conditions of this Agreement shall survive <br />the closing and shall not be deemed to merge in any of the closing <br />documents, and this Agreement shall be perpetual and shall bind the <br />future boards o£ Middle Pazk as well as of County. <br />(8) County shall have no right to sell, lease, transfer, <br />encumber, or otherwise deal in the water rights conveyed to them <br />pursuant to this Agreement except to the normal extent of providing <br />said water to or through their water supply system, and except to <br />assign to a municipal or quasi-municipal corporation for administration <br />and ownership of that portion of the water right held by the County <br />to benefit the area as set out in Exhibit "C". <br />(9) In the event as determined by County at some future <br />date, that said water for whatever reason, whether it be legal or <br />physical availability or otlierwise can not be utilized by said County, <br />tdiddle Park shall have the option to repurchase said water rights <br />at the same price originally paid by County. <br />(10) If any portion of this ngreement is ruled unconstitution <br />or unenforceable, it shall not effect the enforceability of the other <br />provisions. <br />(11) If County conveys water rights in violation of this <br />- 3 - <br />"?
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