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APPENDIX D <br /> STATE OF COLORADO <br /> COLORADO WATER CONSERVATION BOARD <br /> Department of Natural Resources <br /> 823 State Centennial Building _� <br /> 1313 Sherman Street -1.N. <br /> Denver,Colorado 80203 <br /> Phone: (303)866-3441 _ M E M OR A N D U M Richard D.Lamm <br /> Governor <br /> J.William McDonald <br /> Director <br /> or4L David W.Walker <br /> Deputy Director <br /> TO: Members, CWCB <br /> FROM: Bill McDonald <br /> DATE: August 31, 1983 <br /> SUBJECT: Agenda Item 8 a, September 8-9, 1983, Board Meeting -- <br /> Closed Basin Project, Repayment Contract Negotiations <br /> In a March 1, 1983, memorandum to the Board, I set forth the <br /> major provisions of a proposed contract between the United States <br /> and the State of Colorado for repayment of costs for recreation <br /> and fish and wildlife enhancement facilities and for operation <br /> and maintenance of such facilities. At the Board' s March 3 , <br /> 1983 , meeting , you authorized me to agree to a contract which <br /> encompasses the Bureau of Reclamation' s proposed full development <br /> plan (see my September 30, 1982 , memorandum to the Board) , <br /> subject to the condition that the contract must contain a <br /> provision which permits the state, at its sole discretion, to <br /> determine at the time of construction exactly which features, in <br /> what numbers, are to be constructed . <br /> On July 14, 1983 , I transmitted proposed revisions to the <br /> repayment contract originally submitted to us by the Bureau of <br /> Reclamation. The substantive, as opposed to editorial, revisions <br /> related to •the following considerations: <br /> ( 1) The State (State Land Board) already owns the land in the <br /> Head-San Luis Lakes Area. Therefore, the United States <br /> needs an easement from the State in order to construct <br /> enhancement facilities on those lands . The Bureau ' s draft <br /> contract overlooked this fact. A new article is proposed to <br /> accomplish this. <br /> ( 2) Since the State will retain ownership of the lands , the only <br /> thing the United States can lease to the State is the <br /> facilities themselves, which will be owned by the United <br /> States. The definition of "Leased Facilities" in the draft <br /> contract was inappropriate in light of this fact. The <br /> contract was revised to reflect these considerations. <br /> APPENDIX D <br /> 701 <br /> FD/Agnda <br /> John R.Fetcher,Chairman-Herbert H.Vandemoer,Vice Chairman <br /> C.M.Furneaux,Floyd L.Getz,Dale F.Grant,Robert A.Jackson,Richard W.Johnston,Jr.,Frederick V.Kroeger,David W.Robbins <br />