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� � CONTRACTOR: COLORADO RIVER WATER Agency Name: Water Conservation CONSERVATION DISTRICT Board Contract No. C150219 Agency Number PDA Contract Amount $1,048,554 Routing Number � � �J�� oD�r'� GRANT CONTRACT THIS CONTRACT, made this 8th day of May, 2006, by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB and/or STaTE, and Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, 201 Centennial, Suite 200, Glenwood Springs, CO 81602, a water consenration district governed by C.R.S. 37-46-101 et seq., hereinafter referred to as the CoNTRacTOR or the GRANTEE. FACTUAL RECITALS 1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment as follows: Fund Number 483, Organization YYYY, Appropriation Code 010, GBL C219, Program WTRC, Object Code 5180, Reporting Category 0219, Contract Encumbrance No. C150219. 2. Required approval, clearance, and coordination have been accomplished from and with appropriate agencies. 3. CWCB's authority for making this nonreimbursable expenditure (the "grant") is C.R.S. § 37-60-122.2, known as the Fish and Wildlife Resources Fund (" The CWCB made the following findings pursuant to authorizing a grant from the FuN�: a. The CONTRACTOR is building a water storage facility, known as the Elkhead Reservoir Enlargement Project, that required a permit from the United States, specifically a Section 404 permit from the U.S. Army Corps of Engineers. b. The Elkhead Reservoir Enlargement Project Section 404 Permit requires the CotvTr�acTOR to comply with the wildlife mitigation plan ("P�,aN") as described in the CONTRACTOR Section 404 permit. See Dep't of the Army Permit No. 200375136 at 2, Special Condition No. 1(Feb. 11, 2005). The P�a,N described in the project's Section 404 permit is the same as that described in the CoNTRa,cTOR`s mitigation grant request to the CWCB and approved by the Colorado Division of Wildlife for the project. The reservoir enlargement project is a component of the Recovery Implementation Program Recovery Action Plan ("RIPRAP") identified for implementation by the Upper Colorado Recovery Implementation Program ("UCRIP"), and this project and its interaction with other RIPRAP components for the Yampa River Basin are further described in the "Management Plan for Endangered Fishes in the Yampa River Basin." See U.S. Fish & Wildlife Service, Finding of No Significant Impact, Yampa River Basin Management Plan, Environmental Assessment (Nov. 5, 2004); see id., Executive Summary at 1. Thus, Grant Contract No. C150219 Page 1 of 7