Castle Pines North Water Provider Agreement

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This Water Provider Agreement ("Agreement"), effective as of October 16, 2015, is
entered into by and between the Colorado Department of Natural Resources ("CDNR") and
the Castle Pines North Metropolitan District ("Water Provider"). CDNR and Water Provider
are each a "Party" and collectively, the "Parties."
Recitals
A. Chatfield Reservoir is located in Sections 1, 2, 11, 12, 13, 14 and 23, Township
6 South, Range 69 West, 6th P.M. and Sections 6, 7 and 18, Township 6 South,
Range 68 West, 6th P.M. in Douglas and Jefferson Counties, Colorado. It is
owned by the United States of America, was constructed for flood control and
other purposes, and is operated by the Department of the Army represented by
the Assistant Secretary of the Army (Civil Works) ("Government").
B. The Government issued its Chatfield Reservoir Storage Reallocation Final
Integrated Feasibility Report and Environmental Impact Statement dated July
2013, Addendum No.1, dated March 2014, and Addendum No.2, dated
September, 2014, (collectively, the "Reallocation Report") evaluating the
Chatfield Storage Reallocation Project. (See Paragraph II.A. below regarding
italicized terms.) On May 29, 2014, the Government issued its Record of
Decision authorizing the reallocation of 20,600 acre feet of storage space from
the exclusive flood control pool to Joint-use flood control-conservation pool for
municipal and industrial water supply and other purposes.
C. The Government and CDNR have entered into an "Agreement Between the
Department of the Army and the Colorado Department of Natural Resources for
Reallocation of Water Storage Space, Recreation Modifications, and
Compensatory Mitigation Features at the Chatfield Dam and Reservoir,
Colorado" dated October 9, 2014 ("Water Storage Agreement," attached as
Exhibit A hereto), by which CDNR acquired the right to use for water storage
purposes the 20,600 acre feet of storage space referenced above, subject to
the terms stated therein. Article VI of the Water Storage Agreement
contemplates that CDNR will grant portions of the storage space in Chatfield
Reservoir to the Water Providers.
D. The purpose of this Agreement is to grant to Water Provider the right to use
storage space in Chatfield Reservoir in consideration for Water Provider
performing its obligations specified in Paragraph IV.A through E and complying
with its other obligations specified herein, subject to the terms stated in this
Agreement. This Agreement is identical in substance (except as to the Pro
Rata Share and method of payment) to the agreement between CDNR and
each of the Water Providers that are
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