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<br />- 2 - <br /> <br />DRAFT 4/20/87 <br /> <br />c.f.s. A discharge of 1,900 c.f.s. is hereinafter referred to BS <br />the "planned IOO-year dischargell; and <br /> <br />WHEREA.S, the Parties desire to make arrangements regarding <br />the preservation of the "planned IOO-year discharge" in the event <br />Broomfield plans other or future changes to Great Western Reser- <br />voir; <br /> <br />Nmi', THEREFOR~, in consideration of the foregoing recitals, <br />and the mutual covenants conceived herein, the PARTIES agree <br />as follows: . <br /> <br />1. Opportunity to Haintain Flood Routinq Capability. If <br />Broomfield plans physical changes to Great western <br />Reservoir which would increase the I,OO-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 />IOD-year"discharge". <br /> <br />2. Maintenance of the "Planned IOO-Year Discharqe. <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." <br /> <br />3. Recoqnition of Flood Routing Capability in Master Plan. <br />The master 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 lev~l of <br />flood "rou~ing capability. <br /> <br />4. Payment of Costs. If WESTMINSTER and/or the DISTRICT <br />desire Broomfield to limit 'or att~~p.~," t~Q_1.imij:. the <br />l~~-year-:a=stfeam '~i'Irscfiaige 'to ~'the "planned loo-year <br />discharge:", WESTMINSTEIt and/or the ~DISTRICT will p'ay, <br />in advance, all costs attributable thereto, including <br />but not limited to studies, revisions or additioflS to <br />plans, physical changes to the reservoir or dam struc- <br />tures, and additional construction. AS used in this <br />paragraph~ "costs" include.s constru.ction, engineering, <br />operation and maintenance, attorney's fees, court <br />costs, and any other direct or indirect costs. <br /> <br />5. Notice. ~o take advantage of the opportunity referred <br />to in paragraph 1, WESTMINSTER and/or the DISTRICT must <br />notify Broomfield, in writin~f of __ their in:te.ntion tOn_do <br />so- prompt-ly--upon l:5eccimrng--aware-- of Broomfield I s plans <br />to make physical changes to Great Western Reservoir, an <br />in no event more than 90 days after becoming aware of <br />the plans; Broomfield will attempt to keep WESTHIIlSTER <br />and the DISTRICT informed of any plans to make physical <br />changes to Great Weste~n Reservoir, but will incur no <br />liability'by reason of its failure to do so. <br />I <br />6. Bindinq Effect. The provisions of this Agreement shall <br />enure to the benefit of the PARTIES hereto and to their <br />respective SUccessors and permitted assigns. <br /> <br />Il~ I-:ITNESS h'IIEREOF, the PARTIES hereto have caused this <br />Agreement to be executed b~' propel-ly authorized signatur~s as of <br />the date first above written. <br />