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Central Colorado WCD Water Provider Agreement
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Central Colorado WCD Water Provider Agreement
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Last modified
10/14/2016 11:20:01 AM
Creation date
10/3/2016 12:26:07 PM
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Chatfield Mitigation
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completion of all items noted in "Process for Transfer" below. <br /> ("Closing Period"). <br /> 2. Transfer Limitation. Any transfer that results or will result in <br /> termination of the Water Storage Agreement, or a suspension <br /> thereof by the Government shall be void ab initio. <br /> 3. Transfer to Third Party. If none of the other Water Providers <br /> provides proper written notice within the Notice Period and/or <br /> closes the transaction for the offered Storage Space with the <br /> Closing Period, the Water Provider may transfer its offered Storage <br /> Space to such third party pursuant to the terms provided in the <br /> written notice and this Paragraph III.D. If necessary, CDNR will <br /> assist with coordination among interested parties to support a <br /> transfer. <br /> 4. Process for Transfer. Water Provider may transfer its Storage <br /> Space by means of assignment of all or a portion of this <br /> Agreement. In the event of such assignment, the transferee shall, <br /> within 90 days after the end of the Notice Period, enter into an <br /> agreement with CDNR, identical in substance to this Agreement <br /> (except as to the Pro Rata Share in the event of a partial <br /> assignment and method of payment), which will replace and <br /> supersede this Agreement, in whole or in part. The transferee shall <br /> not store water in Chatfield Reservoir until it has executed such <br /> agreement with CDNR. In the event of a partial assignment, <br /> concurrently with the transferee's execution of an agreement with <br /> CDNR, Water Provider shall execute an amendment of this <br /> Agreement that reflects Water Provider's reduced Pro Rata Share. <br /> All amounts due and owing through and including the Closing Date <br /> by Water Provider pursuant to this Agreement are the responsibility <br /> of Water Provider. For any Storage Space transferred pursuant to <br /> this Paragraph III.D, all amounts due and owing by Water Provider <br /> pursuant to this Agreement shall be paid in full prior to transfer of <br /> such Storage Space being effective. <br /> IV. Water Provider's Payment Obligations <br /> A. First Cost of Storage. Water Provider shall pay its Pro Rata Share of the <br /> First Cost of Storage as defined in Article I.J of the Water Storage <br /> Agreement, which amount is more specifically described in Article II.F.1 of <br /> the Water Storage Agreement. <br /> B. Federal Mitigation Costs. Water Provider shall pay its Pro Rata Share of <br /> the costs of Recreation Modifications, and Compensatory Mitigation <br /> 5 <br />
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