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<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 "planned IOO-year discharge"; and <br /> <br />i.JHEREAS, the .Parties desire to make arrangements regarding <br />the preservation of the "pIarmed IOO-year discharge" in the event <br />Broomfield plans other or future changes to Great Western Reser- <br />voir; <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals, <br />~nd the mutual covenants conceived herein, the PARTIES agree <br />,,5 follows: <br /> <br />].. Opportunity to r-taintain Flood Routinq Capability. If <br />Broomfield plans physl.cal changes to Great western <br />Reservoir which would increase the IOO-year discharge <br />above the planned loo-year discharge~ it will provide <br />an opportunity for westminster and the District to <br />mC1intain the IOO-year discharge at the "planned <br />IOO-year'discharge". <br /> <br />Z. Maintenance of the t1Planned IOO-Year Discl1arqe. <br />WESTMInSTER and DISTRICT agree to jointly take whatever <br />actions are necessary, available and appropriate to <br />assure that the flood .routing capability of Great <br />Western Reservoir will be maintained at the "planned <br />IOO-year'discharge.1I <br /> <br />j. Recoqnition of Flood Routinq Capability in Master Plan. <br />The master plan for Big Dry Creek and Tributaries shall <br />contain language recogpizing the flood routing capabil- <br />ity of Great Western Reservoir and expressing the need <br />to preserve that routing capability by whatev~r means <br />are available and a.ppropriate should. changes be <br />proposed : which would decrease the planned lev~l of <br />flood ,ro~ting capabili~Y. <br /> <br />4. Payment of Costs. If WESTMINSTER and/or the DISTRICT <br />desire Broomfield to limit or atteroBt_.. to__l~ the <br />. --tOO-ye-ar .downst:re-am-a.I'icharge to the "planned 1 Do-year <br />discharge:", WEST~lINSTEjl and/or the DISTRICT will pay, <br />in advance, all costs attributable thereto, including <br />but not limited to stvdies, revisions or additions to <br />plans, physical change6 to the reservoir or dam struc- <br />tures, and additional construction. As used in this <br />paragraph" "costs" include_s constr~_ction, engineering, <br />operation and mainte~ance, 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, WES1MINSTER and/or the DISTRIC1 must <br />notify Broomfield, in ~~~ti~g,_qf their. intention to do <br />so promptly upon be;condng aware of Broomfield I s plans <br />to make physical changeS to Great Western Reservoir, an <br />in no eve~t more than 9D days after becoming aware of <br />the plans; Broomfield will attempt to keep WESTHIt/STER <br />and the DISTRICT infor~ed of any plans to make physical <br />changes to Great Western Reservoir, but will incur no <br />liability'by reason of its failure to do so. <br /> <br />6. Bindinq Etfect. The provisions of this Agreement shall <br />enure to the benefit ot the PARTIES hereto and to their <br />respective SUccessors and permitted assigns. <br /> <br />:IIi t';ITNESS HUEREOr', the PAR.TIES hereto have caused this <br />Agreement to be executed by properly authorized signaturE:!s as of <br />the date first above written. <br />