CWCB Water Provider Agreement

VI. Other Obligations of CDNR and Water Provider
A. Project Coordination Team Members. With regard to the appointment of
representatives on the Project Coordination Team (Water Storage Agreement,
Article VII) that are not representatives of the Government (i.e., the non-federal
Project Coordination Team members), CDNR shall have the right to appoint fifty
percent and the Water Providers who are not agencies of the State of Colorado
shall have the right to appoint fifty percent of such non-federal Project
Coordination Team members.
B. Chatfield Storage Reallocation Project Modifications. The Chatfield Storage
Reallocation Project is as described in the Reallocation Report, and both
Parties will jointly seek to avoid any additions, revisions or modifications that
expand and/or increase the costs associated with the mitigation required for the
Chatfield Storage Reallocation Project beyond that described in the
Reallocation Report and the State Mitigation Plan.
C. Administration of Chatfield Reservoir. The Colorado Division of Water
Resources currently administers the use of water stored in Chatfield Reservoir
using a spreadsheet tool commonly referred to as the "Chatfield Check Sheet."
The Government operates Chatfield Reservoir, including the "Project Outlet
Works"to the South Platte River. Water Provider shall give such notices and
provide such information, including accounting, to the Colorado Division of
Water Resources, the Government and/or their designee as is required by
Water Provider's decrees or to complete the Chatfield Check Sheet or any
modified administration tool subsequently used by the Colorado Division of
Water Resources for administration of Chatfield Reservoir. Water Provider
shall comply with the Chatfield Reservoir Management Agreement, attached
hereto as Exhibit E.
D. CERCLA and Historic Preservation Act. In the event it becomes necessary to
perform studies, surveys or take other actions to comply with CERCLA and/or
the Historic Preservation Act (Water Storage Agreement, Articles IX and X,
respectively), CDNR must obtain the consent of Water Provider before agreeing
to incur any costs that will be passed on to Water Provider in whole or in part
based upon its Pro Rata Share. The consent of Water Provider shall not be
unreasonably withheld. The CRMC may perform additional work authorized by
this Paragraph VI.D only with prior written approval of the Parties.
E. Modification to Water Storage Agreement. As long as Water Provider is not in
default of any of its obligations hereunder for one year or longer, CDNR shall
not seek or consent to a modification or amendment of the Water Storage
Agreement without the consent of Water Provider. The consent of Water
Provider shall not be unreasonably withheld. In addition, it is the understanding
of CDNR and Water Provider that the reservation by the Government of the
right to control and use all of the storage capacity of Chatfield Reservoir in
Article II.C. of the Water Storage Agreement is for purposes related to dam
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