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RESOLUTION <br />(CWCB - $7,000,000 Contract) <br />The Board of Directors ( "Board ") of the Ute Water Conservancy District ( "District "), and of <br />the Ute Water Activity Enterprise ( "Enterprise "), at a regular meeting held on April 12, 2000, adopts <br />the following Resolution: <br />RECITALS <br />A. The District is a water conservancy district in the State of Colorado. It has <br />established and it owns the Enterprise, which is a water activity enterprise as defined by §37 -45.1- <br />102(4), C.R.S., and which is an enterprise for purposes of Article X, Section 20 of the Colorado <br />Constitution. <br />B. The District is the owner of a pipeline which runs from its sources of water supply <br />in the Plateau Creek Basin to its water treatment plant near Palisade ( "the Plateau Creek Pipeline "). <br />The Plateau Creek Pipeline is used to transport raw water from the sources of supply to the District's <br />water treatment plant for treatment and subsequent distribution to the District's customers. The <br />District has owned and operated the Plateau Creek Pipeline for many years. <br />C. The population within the District is expanding and the demand for water to serve <br />the public is increasing. In order to provide an adequate sup ly of water to meet the demands of the <br />customers of the District and the Enterprise, and,wimprl.6 re �ie't liability of the water system of the <br />District and the Enterprise, the District and Enterprise lrave det' . fined that it is necessary to upgrade <br />d`r ._ ". <br />and replace the Plateau Creek Pipeline. Without such upgradig,�nd`%placement, the Plateau Creek <br />Pipeline will soon be inadequate to serve the peeds Of -iAe pu%l� MTh efore, the District and the <br />Enterprise have determined that it is necessary teupgrddg° ate fusee the Plateau Creek Pipeline in <br />order to fulfill the needs of the District and Enterprise and their customers. <br />D. Thus, the Board hereby determines that the interest of the District and the Enterprise, <br />and the public interest and necessity, demand that the Plateau Creek Pipeline be upgraded and <br />replaced and that provision be made for paying the cost of such replacement and upgrading. <br />E. The Enterprise desires to obtain a loan from the State of Colorado for the use and <br />benefit of the Department of Natural Resources, Colorado Water Conservation Board ( "CWCB ") <br />for the purpose of designing and constructing the upgrading and replacement of the Plateau Creek <br />Pipeline (the "Project "). <br />F. CWCB has been authorized by the Colorado General Assembly to loan up to the <br />amount of $7,000,000 to the District, acting by and through the Enterprise, from the Severance Tax <br />Trust Fund Perpetual Base Account for the Project. <br />G. The District and the Enterprise desire to provide CWCB adequate security for the <br />repayment of the funds borrowed by the Enterprise from CWCB. <br />Appendix A to Loan Contract C150026 <br />