Center of Colorado WCD Water Provider Agreement

N. Non-Business Days. If any date for any action under this Agreement falls on a
Saturday, Sunday or a holiday recognized by the State of Colorado, then the
relevant date shall be extended automatically until the next business day.
O. No Agency. This Agreement is not intended, and shall not be construed, to create
any association, joint venture, agency relationship or partnership between the
Parties, or to impose any such obligation or liability upon either Party. Neither of
the Parties shall have any right, power or authority to enter into any agreement or
undertaking for, or act as or be an agent or representative of, or otherwise bind, the
other Party.
P. No Public Utility. Nothing contained in this Agreement shall be construed as an
intent by any of the Parties to dedicate any of their property to public use or subject
any of them to regulation as a "public utility" as defined in the Colorado Public
Utilities Code or any other applicable law.
Q. 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.
R. 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.
S. 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.
T. 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.
U. Authority, Appropriation, And Approval. Authority to enter into this Agreement
exists in the Conservancy Law of Colorado, Title 37, Article 3, Section 12, C.R.S.
and funds have been budgeted, appropriated and placed into escrow in
accordance with 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.D, 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:
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Am,