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<br />BORROVVEf,: U,S, DEPI".RTMUn OF ENERGY
<br />VVESTEE,N AREA POWER ADMiNISTRATION
<br />Contract No, C150064
<br />Loan Amount $5,500,000
<br />
<br />Agency Name. Colo'ado Water Conservation
<br />Board
<br />Agency Number PDA
<br />Routing Number 03 I"DA "
<br />
<br />LOAN
<br />
<br />CONTRACT
<br />
<br />THIS CONTRACT, made this 2l'h day of September 2002 by afld between the State of
<br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water
<br />Conservation Board ("CWCB" and/or the "STATE"), and the U,S, Department of Energy
<br />'Western Area Power Administration, a Federal agency, P,Q, Box '1 '1606, Salt I..ake City, UT
<br />8414 T.1534 ("BORROWER" and/or "CONTRACTOR"),
<br />
<br />FACTUAL RECITALS
<br />
<br />'1, Authority exists in the law, and funds have been budgeted. appropriated and otherwise
<br />made available and a sufficient unencumbered balance thereof remains available for
<br />payment as follows: Fund Number 424, Organization YYYY, Appropriation Code CRR,
<br />GBL WAP!\' Program WTRC, Object Code 5570, Reporting Category 0064, Contract
<br />Encumbrance No. C150064,
<br />
<br />2, Required approval, clearance, and coordination have been accomplished from and with
<br />appropriate agencies,
<br />
<br />3, CWeB's authority for making this loan: Colorado River Recovery Loan Account.
<br />Pursuant to the provisions of section 37-60-122,9, C,RS, (2001), the C\NCB is authorized
<br />to make loans to the Colorado River and San Juan River Recovery Programs for the
<br />construction or Improvement of certain water related projects in Colorado under
<br />agreements witrl power users of the Federal Colorado River Storage Project, required to
<br />recove;- the four endangered fish species of the upper Colorado River, includln[J the San
<br />Juan River,
<br />
<br />4, The Borrower appiied for a loan to covel costs 01 capital projects of the Upper Colorado
<br />and San Juan River Basins Recovery Implementation Program under Pubiic I..aw No,
<br />106-392, including planning, design. permitting 0,' other compliance, pre-construction
<br />activities, construction, construction management and replacement of facilities, and the
<br />acquisition 01 interests in land 01 water, as necessary to carry out the Recovery
<br />Implementation Programs ("PRO,;ECT").
<br />
<br />5 At its January 2001 meeting. the CWC8 apwoved a loan to the BORROWER ;n an amount
<br />up to five million five hundred thousand dolla's ($5,500,000) at an interest rate of lour and
<br />one-haif percent (4.5'"10) per annum for a repayment te,'m of thirty (30) years, which
<br />repayment term shall commence in 2012,
<br />
<br />6, Pursuant to S,8. 01-157, Section 20, the Colorado General Assembly authorized CWCB
<br />to loan to the BORROWEf, an amount up to $5,500,000 ("AUTHORIZED L.OAN AMOll~JT") for
<br />the PRO,IEC;
<br />
<br />7 Section 3(c)(3) of Public Law No, 106-392,114 Stat.'1604 (1999) authorizes the
<br />BORROWER to accept this loan from the CWCS and to repay this loan from power
<br />
<br />Page ., of 8
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<br />Loan Contract
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