CPW Water Provider Agreement

E. The Water Providers have incorporated or shall incorporate within fifteen
days after the effective date of this Agreement the Chatfield Reallocation
Reservoir Mitigation Company, a Colorado non-profit corporation
("CRMC"), as the vehicle through 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 mean4.854%, 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 1,000 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.
3