Centential W&S District Water Provider Agreement

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 Storage Agreement, CDNR consents to Water Provider's
intervention in such litigation.
F. SPWRAP. Water Provider is currently a member of South Platte Water Related
Activities Program, Inc. ("SPWRAP"), and shall continue its membership in
SPWRAP for as long as SPWRAP and the Platte River Recovery
Implementation Program both are in existence and this Agreement remains in
effect.
G. Termination of Water Storage Agreement.
1. If the Government serves notice upon CDNR of the Government's
intention to terminate or suspend the Water Storage Agreement pursuant
to Article XV thereof due to non-performance of an obligation, CDNR and
the Water Provider shall have the right to take such actions as are
necessary to prevent the termination or suspension, however, Water
Provider shall have no obligation to take an action to cure the default of
CDNR or other Water Providers.
2. As long as Water Provider is not in default of any of its obligations
hereunder for one year or longer, CDNR shall not seek to terminate the
Water Storage Agreement without the consent of Water Provider. The
consent of Water Provider shall not be unreasonably withheld.
3. If the Water Storage Agreement is terminated, Water Provider is
responsible for legal obligations, including financial obligations,
previously incurred based on its Pro Rata Share.
H. Modification to Water Provider Agreements.
By the Parties. Concurrently with the execution of this Agreement, CDNR is
executing agreements with other Water Providers that are identical in
substance to this Agreement, except for matters resulting from differences in
the Pro Rata Share and method of payment. As long as Water Provider is not
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