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~k ~, ~~ b - -f- C~ <br />W E,(• y W~ ~ <br />~ <br />WATER AGRBEMENT <br />~ kS'~' <br />This Agreement dated this ~ day of s~~~ ~ <br />1992, is.between the Board o~ County Commissioners of Summit <br />County, Colorado (the "County") and the Town of Di11on, <br />Co].orado (the "Town"), a municz.pal corporation. <br />For good and valuable consideration,~the receipt and <br />sufficiency of which are hereby acknowledged, the parties <br />hereby agree as follows: <br />].. The County and the Town shall execute the Water <br />User Agreement attached hereto as Exhibit A. <br />2. The Town shall executa and deliver to the County <br />the Special Warranty Deed attached hereto as Exhibit B. <br />3. On or before October 31, ].992, provided approval <br />for same is received from the United States Forest Service in <br />a timely manner, the Town shall replace the existing headgate <br />for the Dill.on Ditch, which water righ~ is more particularly <br />described in the attached Exhibit B. The new headgate shaJ.1 <br />be in compliance with tha requirements of the Di.vision <br />Enqineer for Water Division No. 5. <br />4. The mown consents ta and hereby authorizes the <br />County's future enlargement of Dillon Reservoir No. 74, more <br />particularly described in the decree attached hereto as <br />Exhibit C, and all outlet works, transmiss?on facilities, and <br />other appurtenances to the reservoir, subject to the Town's <br />approval of the plans and specifications of all such <br />enlargements to insure that the Town's use of the resarvoir <br />to i~s full decreed capacity of 46.14 acre fee~ is not <br />impaired or otherwise adversely affected, which. approva]. <br />shall not be unreasonably withheld. The Town hereby grants, <br />bargains, sells and conveys to the County all right, ~itle <br />and interest in any easements and rights-of-way associated <br />with Dilzon Reservoir which it may own and which may be <br />required to enlarqe said reservoir while retaining all said <br />easements and rights-of-way necessary to utilize the <br />presently decreed rights to Di.llon Reservoir. Nothing , <br />eontained herein shall obligate the County to enlarge Dillon <br />Reservoir. <br />5. In the event the County proceeds with an <br />enlargement of Dillon Reservoir, the Coun~y shall offer to <br />the Town a right to participate in, and own, a portion of, the <br />enlargemen.t of Dillon Reservoir up to 20% of the capacity by <br />paying a pro rata portion of the cost of the enlargement. <br />v .~ <br />0 <br />~ ~~ <br />~ <br />r •~ <br />ca ~ <br />~ <br />~ ~ <br />c~ <br />t~ ~ <br />c .~ <br />N <br />~ ~ <br />~, <br />~ ~ <br />0 <br />c N <br />2 ___. <br />-i <br />-~ <br />a `[j <br />m <br />o IV <br />~ -• <br />o ~ <br />~ ~ <br />