Laserfiche WebLink
which the Water Providers, including agencies of the State of Colorado as <br /> individual Water Providers, will act to complete the Non-Federal Work described <br /> in the Water Storage Agreement and the State Mitigation Plan (as defined in <br /> II.B), and may act to complete the O&M, RRR&R and Other Modifications to <br /> the Chatfield Project as described in section IV.E. <br /> In consideration of the mutual promises contained herein, CDNR and Water Provider hereby <br /> agree as follows. <br /> II. Definition of Terms <br /> A. Terms defined in Article I of the Water Storage Agreement and used in this <br /> Agreement in italics and initial capitals shall have the same meaning as in the <br /> Water Storage Agreement. <br /> B. "State Mitigation Plan" shall mean that "Fish, Wildlife, and Recreation Mitigation <br /> Plan for the Chatfield Reallocation Project" approved by the Colorado Parks <br /> and Wildlife Commission on January 9, 2014, pursuant to Section 37-60-122.2, <br /> C. R. S., and subsequently approved by the Colorado Water Conservation <br /> Board on January 28, 2014 defining the mitigation actions required by the State <br /> of Colorado in connection with the Chatfield Storage Reallocation Project. The <br /> Fish, Wildlife, and Recreation Mitigation Plan for the Chatfield Reallocation <br /> Project approved pursuant to Section 37-60-122.2, C.R.S. is attached hereto as <br /> Exhibit B. <br /> C. "Pro Rata Share" shall mean 0.636%, calculated as the volume of storage <br /> space in Chatfield Reservoir granted to Water Provider pursuant to this <br /> Agreement divided by 20,600 acre feet. <br /> III. Rights Granted to Water Provider <br /> A. Storage Space. Pursuant to Article VI of the Water Storage Agreement, CDNR <br /> hereby grants to Water Provider the use of one hundred and thirty one (131) <br /> acre feet of storage space in Chatfield Reservoir ("Storage Space"), <br /> representing Water Provider's Pro Rata Share as defined in Paragraph II.0 of <br /> this Agreement. This grant includes and is subject to the rights, limitations and <br /> requirements of Articles II.B. through 11.1., II.K. through II.R., V.A. and V.B. of the <br /> Water Storage Agreement. To the extent such limitations restrict the total <br /> volume of reallocated storage space to an amount less than 20,600 acre feet, <br /> such restrictions shall be allocated among the Water Providers on a pro rata <br /> basis. <br /> B. Water Storage Agreement Impacts. Nothing in this Agreement shall be <br /> construed to affect or modify the reciprocal rights, obligations or responsibilities <br /> of the Government and CDNR under the Water Storage Agreement, nor create <br /> any rights, obligations or responsibilities between the Government and Water <br /> Provider. <br /> 3 <br />