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MEMORANDUM OF AGREEMENT <br /> BETWEEN <br /> MEMBERS OF FOUNTAIN VALLEY AUTHORITY <br /> ON REOPERATION STORAGE <br /> This Memorandum of Agreement ( "MOA ") is entered into this / day of ' ,P m,4- <br /> 2001; by and between the Fountain Valley Authority ( "FVA "), and the five entities that formed <br /> FVA, the City of Colorado Springs ( "Colorado Springs "), the City of Fountain ( "Fountain "), <br /> Security Water District ( "SWD "), Widefield Water and Sanitation District ( "WWSD ") and <br /> Stratmoor Hills Water District ( "SHWD ") (each of which is also referred to herein as a <br /> "member" of FVA). <br /> RECITALS <br /> WHEREAS, the FVA is a joint water authority that provides water transmission and <br /> water treatment services to the five members identified above, which members are located within <br /> the Southeastern Colorado Water Conservancy District ( "SECWCD "), and supply water for <br /> municipal purposes; and <br /> WHEREAS, the SECWCD formed a water activity enterprise, known as the Southeastern <br /> Colorado Water Activity Enterprise (the "Enterprise ") pursuant to §§ 37 -45.1 -101, et seq., <br /> C.R.S; and <br /> WHEREAS, the members of FVA participated in the preparation of the Preferred Storage <br /> Options Plan ( "PSOP ") Report dated September 21, 2000, prepared under the direction of the <br /> Enterprise which report identified the estimated future water storage needs of several entities <br /> (potential "Reoperation Participants ") and outlined a plan to meet those needs, including through <br /> the reoperation of existing water storage in Fry -Ark Project East Slope Reservoirs pursuant to <br /> which up to 31,500 a.f. of additional storage space would be available for FVA members; and <br /> WHEREAS, certain members of FVA subsequently participated in a Storage <br /> Implementation Committee which developed an Implementation Committee Report dated April <br /> 19, 2001; and <br /> WHEREAS, the FVA and certain members of FVA — The City of Colorado Springs and <br /> The City of Fountain (the "FVA Reoperations Participants ") — have executed an MOA with the <br /> Enterprise for reoperation storage, which MOA established a framework for the joint efforts of <br /> the Enterprise, FVA, the FVA Reoperations Participants and any other Reoperation Participants <br /> to implement Reoperation Contracts in order to meet the identified needs of the FVA, its member <br /> participants and any other Reoperation Participants for storage of project or non - project <br /> municipal water in available project storage space, a copy of which is attached hereto as Exhibit <br /> A; and <br /> 1• <br />