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<br />" . <br /> <br />- 2 - DRAFT 4/20/87 <br /> <br />c.f.s. A discharge of 1,900 c.f.s. is hereinafter referred to as <br />the Ilplanned 100-y~ar discharge"; and <br /> <br />WHEREAS r the 'Parties desire to make arrangements regarding <br />the preservation of the "planned lOa-year discharge" in the event <br />Broomfield plans other or future changes to Great Western Reser- <br />voir; <br /> <br />NOW, THEREFOR~, in consideration of the foregoing recitals, <br />and the mutual covenants conceived herein, the PARTIES agree <br />as follows: <br /> <br />1. Opportuni tv to Maintain Flood Routinq Capability. If <br />Broomfield plans physical changes to Great Western <br />Reservoir which would increase the lOa-year discharge <br />above the planned lOa-year discharge, it will provide <br />an opportunity for Westminster and the District to <br />maintain the IOO-year discharge at the "planned <br />IOO"'year'discharge". <br /> <br />2. Maintenance of the "Planned lOO-Year Discharqe. <br />WESTMINSTER and DISTRICT agree to jointly take whatever <br />actions are necessary, available .and appropriate to <br />assure bhat the flood routing capability of Great <br />Western Reservoir will be maintained at the "planned <br />100-year :d:Lscharge." <br /> <br />3. Recognit~on of Flood Routinq Capability in Master Plan. <br />The mast~r plan for Big Dry creek and Tributaries shall <br />contain language recognizing the flood routing capabil- <br />ity of Great Western Reservoir and expressing the need <br />to preserve that routing capability by whatever means <br />are available and appropriate . should changes be <br />proposed! which would decrease the planned level of <br />flood ro~ting capability. <br /> <br />4. Payment of Costs. If WESTMINSTER and/or the DISTRICT <br />desire Broomfield to limit or attempt to limit the <br />lOa-year :downstream discharge to the "planned 100-year <br />discharge~', WESTMINSTER and/or the DISTRICT will p'ay, <br />in advance, all costs attributable thereto, including <br />but not limited to studies, revisions or additions to <br />plans, physical changes to the reservoir or dam struc- <br />tures, and additional construction. As used in this <br />paragraph:, "costs" includes construction, engineering, <br />operation and maintenance, attorney's fees, court <br />costs, and any other direct or indirect costs. <br /> <br />Notice. 'To take advantage of the opportunity referred <br />to ~n paragraph 1, WESTMINSTER and/or the DISTRICT must <br />notify Broomfield, in writing, of their intention to do <br />so promptly upon becoming aware of Broomfield I s plans <br />to make physical changes to Great Western Reservoir, an <br />in no evert more than 90 days after becoming aware of <br />the plans; Broomfield will attempt to keep WESTMINSTER <br />and the DISTRICT informed of any plans to make physical <br />changes to Great Western Reservoir, but will incur no <br />liability'by reason of its failure ~o do so, <br /> <br />Binding Eifect. The provisions of this Agreement shall <br />enure to th~ benefit of the PARTIES hereto and to their <br />respective Successors and permitted assigns. <br /> <br />5. <br /> <br />6. <br /> <br />Ilj WITNESS WHEREOF r the PARTIES hereto have caused this <br />Agreement to be exetuted by properly authorized signatures as of <br />the date first above written. <br /> <br />':' <br /> <br />