Castle Pines North Water Provider Agreement

acquiring a permanent right to use storage space in Chatfield Reservoir,
including agencies of CDNR (each a "Water Provider Agreement").
E. The Water Providers have incorporated or shall incorporate within fifteen
days after the effective date of this Agreement the Chaffield Reservoir
Mitigation Company, a Colorado non-profit corporation ("CRMC"), as the
vehicle through which the Water Providers, including agencies of the State
of Colorado as individual Water Providers, will act to complete the Non-
Federal Work described in the Water Storage Agreement and the State
Mitigation Plan (as defined in II.B), and may act to complete the O&M,
RRR&R and Other Modifications to the Chatfield Project as described in
section IV.E.
In consideration of the mutual promises contained herein, CDNR and Water Provider
hereby agree as follows.
II. Definition of Terms
A. Terms defined in Article I of the Water Storage Agreement and used in
this Agreement in italics and initial capitals shall have the same meaning
as in the Water Storage Agreement.
B. "State Mitigation Plan" shall mean that "Fish, Wildlife, and Recreation
Mitigation Plan for the Chatfield Reallocation Project" approved by the
Colorado Parks and Wildlife Commission on January 9, 2014, pursuant to
Section 37-60-122.2, C. R. S., and subsequently approved by the
Colorado Water Conservation Board on January 28, 2014 defining the
mitigation actions required by the State of Colorado in connection with the
Chatfield Storage Reallocation Project. The Fish, Wildlife, and Recreation
Mitigation Plan for the Chaffield Reallocation Project approved pursuant to
Section 37-60-122.2, C.R.S. is attached hereto as Exhibit B.
C. "Pro Rata Share" shall mean 4.883495%, calculated as the volume of
storage space in Chatfield Reservoir granted to Water Provider pursuant
to this Agreement divided by 20,600 acre feet.
III. Rights Granted to Water Provider
A. Storage Space. Pursuant to Article VI of the Water Storage Agreement,
CDNR hereby grants to Water Provider the use of One Thousand Six
(1,006.0) acre feet of storage space in Chatfield Reservoir ("Storage
Space"), representing Water Provider's Pro Rata Share as defined in
Paragraph II.0 of this Agreement. This grant includes and is subject to
the rights, limitations and requirements of Articles II.B. through 11.1., II.K.
through II.R., V.A. and V.B. of the Water Storage Agreement. To the
extent such limitations restrict the total volume of reallocated storage
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