Center of Colorado WCD Water Provider Agreement

all other prior agreements and understandings of any type, both written and oral,
with respect to Water Provider's use of Storage Space in Chatfield Reservoir,
including Water Provider's "Letter(s) of Commitment" with the Colorado Water
Conservation Board. The recitals and Exhibits A-G attached hereto are hereby
incorporated herein.
C. Captions. The captions in this Agreement are for convenience of reference only,
are not part of this Agreement and shall not define or limit any of its terms or
provisions.
D. Amendments. Amendments to this Agreement shall only be effective if entered
into: 1) in accordance with paragraph VI.H. above; and 2) with the same formality
as this Agreement.
E. Venue and Governing Law. This Agreement shall be governed by and construed
under the laws of the State of Colorado. The proper venue for resolution of any
dispute resulting in litigation shall be the District Court for Douglas County.
F. Notices. All notices, requests, demands, or other communications (collectively,
"Notices") hereunder shall be in writing and given by (i) express delivery service
which maintains delivery records requiring a signed receipt, (ii) hand delivery, or
(iii) certified or registered mail, postage prepaid, return receipt requested to the
Parties at the following addresses, or at such other addresses as the Parties may
designate by notice in the above manner.
If to CDNR:
Executive Director
Colorado Department of Natural Resources
1313 Sherman Street, Room 718
Denver, Colorado 80203
with copy to
Deputy Attorney General
Natural Resources and Environment Section
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 7th Floor
Denver, CO 80203
If to Water Provider:
Center of Colorado Water Conservancy District
P.O. Box 1747
Fairplay, CO 80440-1747
with copy to
David M. Shohet, Esq.
Felt, Monson & Culichia, LLC
319 North Weber Street
Colorado Springs, CO 80903
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