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Ir�h <br />COLORADO WATER RESOURCES <br />and <br />POWER DEVELOPMENT AUTHORITY <br />RESOLUTION NO. 03-02 <br />AUTHORIZING THE USE OF DRINKING WATER LOAN ADMINISTRATIVE FEE REVENUE AS <br />STATE MATCH FOR PUBLIC WATER SYSTEM SUPERVISION SET -ASIDE <br />WHEREAS, the Colorado Water Resources and Power Development Authority ( "the Authority ") <br />entered into a Memorandum of Agreement dated September 25, 1997, with the Colorado Department of <br />Local Affairs ( "CDLG ") and the Colorado Department of Public Health and Environment, Division of <br />Administration ( "WQCD ") to identify the respective roles and responsibilities of the parties with regard to <br />the operation of the Drinking Water Revolving Fund Program mandated by the 1996 Safe Drinking Water <br />Act Amendments (the "federal Act ") and C.R.S. Sections 37 -95- 103(4.8).(12.2), 37 -95 -107.8 and 25-1 - <br />107(1)(gg) (the "MOA "); and <br />WHEREAS, in connection with the operation of certain "Set- Aside" programs mandated by the <br />federal Act, the WQCD intends to provide services in connection with the Public Water System <br />Supervision ( "CPWSS ") Program; and <br />WHEREAS, pursuant to the MOA, the Authority shall provide the 20 percent state match <br />required under the federal Act for receipt of the capitalization grant; and <br />• WHEREAS, pursuant to C.R.S. Section 37- 95- 107.8(1)(a) the Authority is empowered to <br />establish procedures to administer the Drinking Water Revolving Fund Program in accordance with the <br />federal Act, and pursuant to C.R.S. Section 37- 95- 106(1)(ss) to enter into all contracts necessary or <br />incidental to the performance of its duties and the exercise of its powers; <br />WHEREAS, the Authority expects to receive revenue from administrative fees charged in <br />connection with loans issued under the DWRF Program that will exceed the operating expenses of the <br />Drinking Water Revolving Fund; and <br />WHEREAS, pursuant to C.R.S. Section 37- 95- 107.8(1)(a) and (2)(b)(II) the Authority is <br />authorized to expend moneys for any purpose permitted by the federal Act; and <br />WHEREAS, the PWSS is an authorized set -aside under the federal Act; <br />NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Colorado Water <br />Resources and Power Development Authority: <br />1. The Executive Director is authorized, annually through 2007, to provide up to $153,723 <br />of administrative fee revenue from loans under the Drinking Water Revolving Fund to <br />match, on a non - reimbursable basis, $768,617 of capitalization grant funds to be received <br />from EPA and set aside for PWSS that are authorized by annual intended use plans and <br />annual EPA- approved work plans. Assuming WQCD's timely compliance with the <br />DWRF Memorandum of Agreement and the DWRF Handbook of Procedures, this state <br />match will be provided on an annual basis through the 2007 Capitalization Grant or as <br />long as grants are available during this period. Provision of additional state match funds <br />