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<br />.. . <br /> <br />consistent with the financial resources of each entity. <br /> <br />) <br /> <br />(4) Contracts entered into by the board pursuant to <br />section 37-60-119 (2), Colorado Revised Statutes, for the <br />purposes of this section shall, pursuant to section 37-60-120 <br />(1), Colorado Revised Statutes, contain such terms and <br />conditions as will assure repayment of funds made aVqilable by <br />it. Furthermore, the board shall not make any loan authorized <br />by this section unless it is satisfied, in its sole <br />discretion, that the recipient of any such loan will be able <br />to make repayment pursuant to the terms and conditions <br />established by the board and by this section. <br /> <br />SECTION 3. Section 1 (4) of chapter 230, Session Laws of <br />Colorado 1986, is amended to read: <br /> <br />Section 1. Project authorizations. (4) The Colorado <br />water conservation board is hereby authorized to contract <br />directly with the Ute Mountain Ute tribe, without utilizing <br />the procedures prescribed by article 92 of title 24 and part <br />14 of article 30 of title 24, Colorado Revised Statutes, for <br />the design and construction of the Towaoc pipeline project so <br />long as the board, in its sole discretion, finds that the <br />required work can be satiSfactorily performed. THE BOARD MAY <br />ACQUIRE BY EMINENT DOMAIN ANY REAL PROPERTY OR INTERESTS <br />THEREIN NEEDED FOR THE CONSTRUCTION OF THE TOWAOC PIPELINE <br />PROJECT, INCLUDING, BUT NOT LIMITED TO, EASEMENTS AND <br />RIGHTS-OF-HAY FOR THE PIPELINE. Notwithstanding the <br />provisions of section 37-60-121 (1) (b) (IV), Colorado Revised <br />Statutes, the total amount of the board's cost for the Towaoc <br />pipeline project shall be nonreimbursable in recognition of <br />the fact that the construction of the said project by the <br />state is a component of the proposed settlement of the Ute <br />Mountain Ute tribe's reserved .water rights claims on certain <br />tributaries of the San Juan river. UPON COMPLETION OF THE <br />TOWAOC PIPELINE PROJECT, ALL RIGHT, TITLE, AND INTEREST IN AND <br />TO THE PIPELINE. SHALL BE CONVEYED BY THE BOARD TO THE UTE <br />MOUNTAIN UTE TRIBE ON THE CONDITION THAT THE TRIBE ASSUME <br />RESPONSIBILITY FOR ALL OPERATION, MAINTENANCE, AND REPLACEMENT <br />COSTS FOR THE PIPELINE. The board may not proceed with the <br />design and construction of the said project, nor expend any <br />moneys therefor, until the attorney general certifies to the <br />board that the Ute Mountain Ute tribe has entered into a <br />binding settlement with the state which has been approved by <br />the secretary of the interior and which will quantify and <br />resolve all of the tribe's reserved water right claims in <br />Colorado. Furthermore, before the board can proceed with the <br />project, the tribe must have entered into a contract with the <br />board by which..the. tribe agrees to assign to the board, in the <br />event that the approved settlement is not fully consummated <br />for any reason, one-half, but not to exceed six million <br />dollars, of any damages which the tribe may obtain in <br /> <br />- <br /> <br />PAGE 4-SENATE BILL NO. 30 <br />