CWCB Water Provider Agreement

which the Water Providers, including agencies of the State of Colorado as
individual Water Providers, will act to complete the Non-Federal Work described
in the Water Storage Agreement and the State Mitigation Plan (as defined in
II.B), and may act to complete the O&M, RRR&R and Other Modifications to
the Chatfield Project as described in section IV.E.
In consideration of the mutual promises contained herein, CDNR and Water Provider hereby
agree as follows.
II. Definition of Terms
A. Terms defined in Article I of the Water Storage Agreement and used in this
Agreement in italics and initial capitals shall have the same meaning as in the
Water Storage Agreement.
B. "State Mitigation Plan" shall mean that "Fish, Wildlife, and Recreation Mitigation
Plan for the Chatfield Reallocation Project" approved by the Colorado Parks
and Wildlife Commission on January 9, 2014, pursuant to Section 37-60-122.2,
C. R. S., and subsequently approved by the Colorado Water Conservation
Board on January 28, 2014 defining the mitigation actions required by the State
of Colorado in connection with the Chatfield Storage Reallocation Project. The
Fish, Wildlife, and Recreation Mitigation Plan for the Chatfield Reallocation
Project approved pursuant to Section 37-60-122.2, C.R.S. is attached hereto as
Exhibit B.
C. "Pro Rata Share" shall mean 34.257%, calculated as the volume of storage
space in Chatfield Reservoir granted to Water Provider pursuant to this
Agreement divided by 20,600 acre feet.
III. Rights Granted to Water Provider
A. Storage Space. Pursuant to Article VI of the Water Storage Agreement, CDNR
hereby grants to Water Provider the use of 7,057 acre feet of storage space in
Chatfield Reservoir ("Storage Space"), representing Water Provider's Pro Rata
Share as defined in Paragraph II.0 of this Agreement. This grant includes and
is subject to the rights, limitations and requirements of Articles II.B. through 11.1.,
II.K. through II.R., V.A. and V.B. of the Water Storage Agreement. To the
extent such limitations restrict the total volume of reallocated storage space to
an amount less than 20,600 acre feet, such restrictions shall be allocated
among the Water Providers on a pro rata basis.
B. Water Storage Agreement Impacts. Nothing in this Agreement shall be
construed to affect or modify the reciprocal rights, obligations or responsibilities
of the Government and CDNR under the Water Storage Agreement, nor create
any rights, obligations or responsibilities between the Government and Water
Provider.
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