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Central Colorado WCD Water Provider Agreement
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Central Colorado WCD Water Provider Agreement
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10/14/2016 11:20:01 AM
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10/3/2016 12:26:07 PM
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Chatfield Mitigation
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after written notice from CDNR or CRMC, the following actions shall be <br /> taken: <br /> 1. If Water Provider fails to provide all of its Pro Rata Share of the <br /> Total Project Costs, and after notice fails to cure such default, <br /> Water Provider shall relinquish to CDNR the percentage of its <br /> Storage Space equal to the percentage that Water Provider's <br /> shortfall bears to its Pro Rata Share of the Total Project Costs. <br /> a. In the event of such relinquishment, CDNR shall offer the <br /> relinquished Storage Space to the non-defaulting Water <br /> Providers in accordance with Paragraph III.D. above, and if <br /> not disposed of through that process, CDNR may enter into <br /> an agreement identical in substance to this Agreement <br /> (except as to the Pro Rata Share and method of payment) <br /> with a party who is not currently a Water Provider for the use <br /> of the relinquished Storage Space, subject to Paragraph <br /> III.D. <br /> 2. If Water Provider fails to pay its Pro Rata Share of Annual <br /> Operation And Maintenance Expenses and Repair, Rehabilitation, <br /> Reconstruction And Replacement Costs on a timely basis, Water <br /> Provider's right to release water from and to store additional water <br /> in its storage space shall be suspended until all payments are <br /> current, including the payment of any interest assessed by the <br /> Government. If Water Provider fails to pay its Pro Rata share of <br /> Annual Operation And Maintenance Expenses and Repair, <br /> Rehabilitation, Reconstruction And Replacement Costs for a total of <br /> 3 years in a 5 year period, Water Provider shall be in default and its <br /> Storage Space shall be relinquished. Such relinquished Storage <br /> Space shall be subject to the terms of Section IV.F.1.a above.- <br /> V. Membership in CRMC. Water Provider is currently or will be a member of <br /> CRMC and shall remain a member in good standing of CRMC, unless or until <br /> CRMC is dissolved. <br /> VI. Other Obligations of CDNR and Water Provider <br /> A. Project Coordination Team Members. With regard to the appointment of <br /> representatives on the Project Coordination Team (Water Storage <br /> Agreement, Article VII) that are not representatives of the Government <br /> (i.e., the non-federal Project Coordination Team members), CDNR shall <br /> have the right to appoint fifty percent and the Water Providers who are not <br /> agencies of the State of Colorado shall have the right to appoint fifty <br /> percent of such non-federal Project Coordination Team members. <br />
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