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