C153609 contract docs

• Contract/PO #: C153609
• Contractor Name: Conejos Water Conservancy District
• Contract Type: Loan
• Water District: 22
• County: Conejos
• Bill Number: SB 87-15
• Loan Projects - Doc Type: Contract Documents

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delivery to the state line. In either case, the District aqrees to
cooperate to insure the proper releases to maximize delivery for
the Compact and/or the water users. If the State Engineer
determines that release of Compact Waters is needed to fulfill the
Conejos' obligations under the Compact, the District shall
forthwith release Compact Waters in the amounts and at the rates of
flow directed by the State Engineer. If the State Engineer
determines that Compact Waters are not required for interstate
delivery in that year, or to be held in storage for the following
year because of an underdelivery by the Conejos River, he shall
relinquish control of the Compact Waters to the District for
beneficial uses in Colorado in accordance with the plan of
distribution later provided for in this Agreement. Compact Waters
for which the State Engineer has made no order of release or
relinquishment by December 31 0� any year shall automatically be
deemed relinquished for beneficial uses in Colorado in the
following year in accordance with the plan of distribution.
4. The plan of distribution of Compact Waters relinquished
for use in Colorado shall normally be as follows:
a. 40% to the d'r ow rights on the Conejos River
system, and
b. 60% to th Distri f its use and disposition.
However, anomalies in fo � a er supply in a particular
year may require a cha� ese percentages in order to optimize
the use of water in the Conejos River system. Under such
circumstances, the parties may agree on a different plan of
distribution. The Compact Waters relinquished for the use of
direct flow rights shall be used to reduce curtailment of water
rights in the Conejos River system -in the year following storage,
and shall be released on demand of the State Engineer. However,
every effort shall be made to satisfy Compact obligations with
water from other sources, including the Closed Basin Project and
Norton Drain, before the Compact Waters are released from the
Reservoir. If water is available from other sources acceptable to
the State Engineer, the District shall be entitled to exchange such
water for the same amount of Compact Waters held in the Reservoir,
and the State Engineer shall fully relinquish said Compact Waters
to the District.
5. Notwithstanding any right of the State Engineer to use
storage space in the Reservoir, the District's right to first use
of the Reservoir's capacity for storage of waters shall be
paramount. The right of the State Engineer to use storage space at
the Reservoir is subordinate to the prior right of the District to
utilize the Reservoir's capacity for use within the District's
service area, including storage of direct flow water rights,
storage of Closed Basin Project, Norton Drain, and other water by
exchange, and for flood control purposes. To this end, Compact
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