BOARD00565

• Board Meeting Date: 3/20/2000
• Description: WSP Section - Colorado River Basin Issues - Endangered Fish Recovery Program - 15-Mile Reach Programmatic Biological Opinion - Implementation Update
• Board Meetings - Doc Type: Memo

,

,
J

e

e

.

Agenda Item 23 f
March 20-21,2000 Board Meeting
Page 9 of 12

needed in any given year, deliveries of the reduced amount of water shall be
divided evenly between Denver Water's sources and the River District's sources.

3. Notwithstanding that other parties may legally benefit from the performance of
this Agreement, it is specifically understood and agreed that no third party
beneficiaries are created or intended by this Agreement regarding enforcement of
the parties' rights and obligations.

6. Effectiveness and Term

1. This Agreement shall become effective upon the execution of the River
District/Service Agreement. Upon satisfaction of this condition, this Agreement
shall be implemented commencing July I, 2000 for a period of ten (10) years, until
a permanent source for the 5,412.5 acre feet is developed, or for as long as the
PBO is in effect, whichever is less. The term of this Agreement may be extended
upon the mutual written agreement ofthe parties for up to five (5) additional years.

7. Termination

I. This Agreement may be temporarily suspended or terminated by any of the parties
hereto if any of the following conditions occur;

I. The CWCB refuses to accept delivery of the 10,825 acre-feet of water to be
provided by the water users; or

2. The State or Division Engineer interferes with the right of Denver Water to fill,
in accordance with existing or future rights or during free river periods, the
space in the reservoirs vacated by the release of any portion of the 5,412.5
acre-feet of water.

~Ifthis Agreement is terminated, the action item in the PBO for providing the
10,825 acre-feet of water per year will be deemed not to have been
accomplished.

8. Entire Agreement and Amendments

I. This Agreement, with any exhibits hereto, is the complete integration of all
understandings between the parties. No prior or contemporaneous addition,
deletion, or other amendment hereto shall have any force or effect whatsoever
unless embodied herein in writing. No subsequent novation, renewal, addition,
deletion or other amendment of this Agreement shall have any force or effect
unless embodied in a written modification executed and approved by all parties.