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f s <br /> f f <br /> , <br /> CONTRACTOR: SOUTH PLATTE WELL USERS Agency Name: Water Conservation Board <br /> • Contract No. C150183 Agency Number PDA <br /> Contract Amount$17,379 Routing Number Of ,P,4 04 2 <br /> CONTRACT <br /> THIS CONTRACT, made this September 15, 2004, by and between the State of <br /> Colorado for the use and benefit of the Department of Natural Resources, Colorado <br /> Water Conservation Board, ("CWCB" or "STATE"), and South Platte Well Users <br /> Association, P.O. Box 1761, Greeley, Colorado 80632, a Colorado nonprofit corporation <br /> ("CONTRACTOR"). <br /> FACTUAL RECITALS <br /> 1. Authority exists in the law, and funds have been budgeted, appropriated and <br /> otherwise made available and a sufficient unencumbered balance thereof remains <br /> available for payment as follows: Fund Number 424, Organization YYYY, GBL S183, <br /> Appropriation Code AED, Program WTRC, Object Code 5781, Contract Encumbrance <br /> No. C150183. <br /> 2. Required approval, clearance, and coordination have been accomplished from and <br /> with appropriate agencies. <br /> • 3. CWCB's authority for making this expenditure: Senate Bill 02S-00-1 authorizes the <br /> CWCB to make loans and grants to agricultural organizations for emergency drought- <br /> related water augmentation purposes from the CWCB Severance Tax Trust Fund <br /> Perpetual Base Account, based on recommendations from the Director of the CWCB, <br /> the State Engineer, the Commissioner of Agriculture and the Executive Director of the <br /> Department of Natural Resources. Such loans or grants may only be made if, <br /> pursuant to state or federal law, any portion of Colorado has received emergency <br /> drought designation or a disaster emergency been proclaimed due to drought. <br /> 4. The project consists of augmentation water leased and delivered during 2003 in <br /> excess of normal years due to the drought ("PROJECT"), described in Contractor's letter <br /> dated February 10, 2004. The PROJECT was approved for funding, in accordance with <br /> the Agricultural Emergency Drought Response Grant Guidelines/Procedures dated <br /> September 2004, in the amount of $17,379 by the Director of the CWCB and the <br /> State Engineer on September 13, 2004, after consulting with the Commissioner of <br /> Agriculture and the Executive Director of the Department of Natural Resources. The <br /> Letter of Approval and CONTRACTOR'S letter is attached hereto as Appendix 1. <br /> NOW THEREFORE, in consideration of the mutual and dependent covenants <br /> contained herein, the parties agree as follows: <br /> A. Time of performance. The CONTRACTOR recognizes that time is of the essence in the <br /> performance of its obligations under this contract. Therefore, the CONTRACTOR shall <br /> be responsible for the completion of the PROJECT within six months of the effective <br /> • date of this contract. <br /> B. .Disbursement of funds. The CWCB shall disburse funds to the CONTRACTOR to <br /> Page 1 of 5 <br />