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� r i <br />WHEREAS, the Bureau of Land Management, has issued a right - <br />of -way for construction and operation of the project on Federal <br />lands, and the granting of said right -of -way has been appealed <br />to the Interior Board of Land Appeals; and <br />WHEREAS, the United States Army Corps of Engineers has <br />issued a permit for the Discharge of Dredged or Fill Materials <br />into the Water of the United States as required by the Clean <br />Water of Act of 1972; and <br />WHEREAS, the Fish and Wildlife mitigation plan for the <br />project was accepted by the Colorado Wildlife Commission and the <br />State on February 3, 1992, as the official state position for <br />mitigation for the project; and <br />WHEREAS, final engineering designs and specifications have <br />been prepared by Boyle Engineering Corporation in consultation <br />with staff from the State; and <br />WHEREAS, said designs and specifications have been duly <br />reviewed and approved by the State Engineer of Colorado; and <br />WHEREAS, Section 6 of Chapter 326, Session Laws of Colorado <br />1991, authorized the State to construct or cause to be <br />constructed the said project at a State cost of Twenty Million <br />Dollars ($20,000,000); and <br />WHEREAS, the State is prepared to loan Twenty Million <br />Dollars ($20,000,000) to the Contract for the construction of <br />the project pursuant to the author' 0 Section 37 -60 -119, <br />C.R.S., and Section 6 of Chapter ssiQn Laws of Colorado <br />1991, subject to the availabi un r that purpose. <br />WHEREAS, the Contractor an th d County of Denver, <br />acting by and through its Board Commissioners <br />(hereinafter referred to as D ntered into an agreement <br />entitled "Rock Creek Reservoir se Agreement," which is dated <br />March 3, 1987, and the Agreemen' Amending the Lease Agreement <br />dated the g� ,94— day of September, 1992; and <br />WHEREAS, a Memorandum of Agreement between Denver; the <br />United States of America, acting through the U. S. Department of <br />the Interior, U. S. Bureau of Reclamation; the Northern Colorado <br />Water Conservancy District; and the Contractor was executed on <br />December 30, 1991 (hereinafter referred to as the Substitution <br />Agreement), to allow the water leased to Denver under the Lease <br />Agreement to be utilized by Denver by substituting the leased <br />waters for other stored and adjudicated waters of Denver (all as <br />set forth with particularity therein). An Application has been <br />filed by the Contractor and Denver as co- applicants and is now <br />pending in the Consolidated Civil Cases No. 2782, 5016 and 5017 <br />Page 2 of 1Q Pages <br />