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~~zsrT A <br />WATER USER AGREEMENT <br />This Agreement dated this ~~ day of ~ ~ . <br />1992, is between the Boarc3 of County Commissioners of Summit <br />County, Colorado (the ~YCounty"} and the Tawn of Dillon <br />(nUsez'") . <br />Whereas, the Coun~y has entered into an agreement and <br />subsequen~ letter amendment thereto with the City and County <br />of Denver acting by and through its Board of Flater <br />Commissioners ("Denve~n), recorded at Reception No. 357033 of <br />the Summit County real pzopezty records (the yDenver <br />Agreement"); <br />Whereas, the County wishes to extend and make <br />available to User certain riqhts and benefits of the Denver <br />Agreement; <br />Whereas, User wishes to avail itself of such rights <br />and benefits of the Denver Agreement; <br />Whereas, the parties recognize that there are certain <br />- obligations s~emming ~rom the Der,ver Agreernent which need to <br />be shared by its benefi.ciaries; <br />Now, therefore, for good and valuable cansideration, <br />the receipt and sufficiency of which are hereby acknowledged, <br />the parties hereby agree as follows: <br />1. User is allocated 39 acre-feet of the 3~100 <br />acre-feet of water benefiting from ~he Denver subordination <br />which is more particularly described 9.n paragraph 3 of the <br />Denver Agreement. User's alZocated amount of water is <br />hereinafter referred to as its "Allocated Share," and the <br />remainder of the fore~o?ng 3100 acre-fae~ is hereinafter <br />referred to as the "Unallocated Share." <br />2. The Allocated Share may be used for municipa]. <br />purposes only z.n connection with the User's present and future <br />service area. The Allocated Share may not be resald by User <br />to any third party. <br />3. To prevent injury to Denvez as a result of the <br />use of its A1J.ocated Share, User shall furnish the amount of <br />replacement water per year ~rom the sources and upon the <br />conditions set forth in paragraph 4 of the Denver Agreement. <br />Such replacement water shall be furnished at User's sole cos~ <br />and expense and shall be a condition preceden~ to using its <br />Allocated Share. <br />