CWCB Water Provider Agreement

any of them to regulation as a "public utility" as defined in the Colorado Public
Utilities Code or any other applicable law.
P. No Costs or Fees. In the event of litigation or other dispute resolution process
arising out of this Agreement, the Parties agree that each shall pay its own costs
and expenses including attorney fees.
Q. Joint Draft. This Agreement was drafted jointly by CDNR and Water Provider with
each having the opportunity for review, comment, advice and the contribution of
legal counsel. Accordingly, the Parties agree the legal doctrine of construction
against the drafter shall not be applied should any dispute arise concerning this
Agreement.
R. Severability. The provisions hereof are severable and any provision that is declared
invalid or becomes inoperable for any reason shall not affect the validity of any
other provision hereof, provided that the Parties can continue to perform their
obligations under this Agreement in accordance with its intent.
S. CORA Disclosure. To the extent not prohibited by law, this Agreement is subject to
public release through the Colorado Open Records Act, CRS §24-72-201, et seq.
T. Authority, Appropriation, And Approval. Authority to enter into this Agreement
exists in Colorado Revised Statues 37-60-121 and 37-60-120.1and funds have
been budgeted, appropriated pursuant to Colorado Water Conservation Board
Projects Bills SB 12S-002, SB13-181, HB 14-1333 and SB15-010 and placed in
escrow in accordance to Section IV.D. Financial obligations of the Water Provider
payable after the current fiscal year, identified in Section IV.E above, and mitigation
costs in excess of those identified in Section IV.E, if any, are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available.
Required approvals, clearance and coordination have been accomplished from and
with appropriate agencies.
VIII. Required State Provisions. The following provisions apply only when the Water
Provider is an agency of CDNR and do not limit the rights or remedies of other Water
Providers pursuant to their individual Water Provider Agreements:
A. Effective Date. This Agreement shall not be effective or enforceable until it is
approved and signed by the Colorado State Controller or designee (hereinafter
called the "Effective Date"), but shall be effective and enforceable thereafter in
accordance with its provisions.
B. Failure to Perform — Disputes. The failure of a Party to perform its respective
obligations in accordance with the provisions of this Agreement is a breach of this
Agreement. In the event of disputes concerning performance hereunder or
otherwise related to this Agreement, the Parties shall attempt to resolve them at
the divisional level. If this fails, disputes shall be referred to senior departmental
management staff designated by each party. If this fails, the matter shall be
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