MOA Between Members of Fountain Valley Authority on Reoperation Storage

• Description: Pueblo and Torquoise Reservoirs
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 9/10/2001
• Author: Foundation Valley Authority, City of Fountain, Security Water District, Widefield Water and Sanitation District, Stratmoor Hills Water District
• Title: MOA Between Members of Fountain Valley Authority on Reoperation Storage
• Water Supply Pro - Doc Type: Contract/Agreement

WHEREAS, the FVA Reoperations Participants have committed to an anticipated share
of the FVA's intended reoperation storage space as more fully set forth in the Reoperations
MOA; and
WHEREAS, SWD and WWSD each desire to retain its option to participate individually
or through the FVA in reoperations storage at a later date, but have determined that it is not in
the best interests of their citizens to commit to the Reoperations storage framework as set forth in
Exhibit A based upon uncertainties regarding water infrastructure availability, options and costs;
and
WHEREAS, SHWD, having examined its water needs and supplies, has decided that it
does not have a need to participate through the FVA or individually in the Reoperations storage
space; and
WHEREAS, the members of the FVA have agreed that despite the lack of concurrent
agreement on commitment to reoperations storage, there nevertheless exists a need for
cooperation and coordination among them in the implementation of the Reoperations MOA, with
specific reference to the activities to be undertaken thereunder; and
WHEREAS, the MOA contemplates the ability of FVA members to opt to participate in
Reoperations at a later pint in time through an assignment of allocation of Reoperations storage
space; and
WHEREAS, the FVA Member Participants desire to cooperate with SWD and WWSD
and assist in the preservation of either or both members' allocation of Reoperations storage space
pursuant to the FVA MOA, attached hereto as Exhibit A, should either member elect to exercise
its option to participate.
AGREEMENT
NOW THEREFORE, it is hereby agreed as follows:
1. Nothing herein is intended, nor shall it be interpreted, to in any manner modify or
supersede the existing rights and obligations of the FVA members arising under contracts
existing as of the date of this Agreement.
2. Nothing herein shall in any manner modify or supersede the rights of the FVA members
to execute such additional contracts for storage space with the United States or others that are
allowed by law and are not inconsistent with the Reoperations MOA.
3. Nothing herein shall affect the rights and obligations of the FVA Reoperations
Participants relative to any existing contracts related to, or existing infrastructure and storage
space in, the Fry-Ark Project.
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