BOARD02184

• Board Meeting Date: 9/13/2004
• Description: Flood Section - 2002 Chatfield Drought Declaration Reconsideration
• Board Meetings - Doc Type: Memo

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.f(';~O. h DOC. NO. (1('.,

and Chatfield ~eservojr.

~jOI-.', THEREFOi{E, in consider~tion of the respective,

promises and aqreement~ hereinafter set forth 'the. State and,

the ConLructor agree as follows:

1. The Contractor shall:

~. Upon notice to proceed given in writing by the

State, initiate and diliqentl.y carry to completion appropri-

ate exchunge ~roced~res as may be permitted by law and such

court ~roccedings as' may be necessa~i to change sufficient

of its Jecr~ed direct flow ana storage rjghts So as to permit

the type of regulation and re-regulation contemplated herein,

and will, upon successful compl~tion lhereof.,so r~gulat~

the flow of water into and out of (hatfi~ld Reservoir as to

cause wat~r storage tnerein to bQ m~intained b~tween el'2va-

tions 5,432 feet and 5,423 feet above mean sea level, and

the S~ate ayrees not to oppose the Contractor in t~e prose-

cuticn of said judicial oroceedin9s to completion.

To the

extent l~gally possible, said amount of storage shall De

attained within a periOd of not more than two ycar~ from

trlC date of notice t.o proceed, except as a longer time may

be required for successful co~plction of said exchange or

Juoicial .proceedings.

o. After such initial filling as hereinbefor~ C1e-

s~rib~d and doring the useful life of Chatfield Reservoir

for tne purposes described in this contract, continue to

regulate th~ (lows of water entering Chatfield Reservoir

from time to ~ilne'as may be necessary to prevent waste of

wat~r ~ppropri3ted for municip31 Durposes, to replace evapo-

ration losses fronl the reiervoir, and otherwise to carry

out .the purposes of thi!o -contract; provided tha't:

1)

Contractor ShDll have the sole ~nd exclusive

rignt to regulate for its own uses and purposes

tnc amount of water stored in the reservoir

between the lower.li,mit of 15,349 acre-feet (ele-

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