Castle Pines North Water Provider Agreement

B. Chatfield Storage Reallocation Project Modifications. The Chatfield
Storage Reallocation Project is as described in the Reallocation Report,
and both Parties will jointly seek to avoid any additions, revisions or
modifications that expand and/or increase the costs associated with the
mitigation required for the Chatfield Storage Reallocation Project beyond
that described in the Reallocation Report and the State Mitigation Plan.
C. Administration of Chatfield Reservoir. The Colorado Division of Water
Resources currently administers the use of water stored in Chatfield
Reservoir using a spreadsheet tool commonly referred to as the "Chatfield
Check Sheet." The Government operates Chatfield Reservoir, including
the "Project Outlet Works"to the South Platte River. Water Provider shall
give such notices and provide such information, including accounting, to
the Colorado Division of Water Resources, the Government and/or their
designee as is required by Water Provider's decrees or to complete the
Chatfield Check Sheet or any modified administration tool subsequently
used by the Colorado Division of Water Resources for administration of
Chatfield Reservoir. Water Provider shall comply with the Chatfield
Reservoir Management Agreement, attached hereto as Exhibit E.
D. CERCLA and Historic Preservation Act. In the event it becomes necessary
to perform studies, surveys or take other actions to comply with CERCLA
and/or the Historic Preservation Act (Water Storage Agreement, Articles
IX and X, respectively), CDNR must obtain the consent of Water Provider
before agreeing to incur any costs that will be passed on to Water
Provider in whole or in part based upon its Pro Rata Share. The consent
of Water Provider shall not be unreasonably withheld. The CRMC may
perform additional work authorized by this Paragraph VI.D only with prior
written approval of the Parties.
E. Modification to Water Storage Agreement. As long as Water Provider is
not in default of any of its obligations hereunder for one year or longer,
CDNR shall not seek or consent to a modification or amendment of the
Water Storage Agreement without the consent of Water Provider. The
consent of Water Provider shall not be unreasonably withheld. In addition,
it is the understanding of CDNR and Water Provider that the reservation
by the Government of the right to control and use all of the storage
capacity of Chatfield Reservoir in Article II.C. of the Water Storage
Agreement is for purposes related to dam safety, emergency management
and flood control. In the event the Government asserts the right to control
and use the Storage Space granted to Water Provider for purposes other
than flood control and public safety on a temporary basis, CDNR will use
its best efforts to ensure the purposes of the Water Storage Agreement
are fulfilled. In the event of litigation between the Government and CDNR
pertaining to the rights and obligations that are the subject of the Water
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