PROJ00054

• Contract/PO #: C153473
• Contractor Name: Stewart Ditch and Reservoir Company
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: EO 08-08-86
• Loan Projects - Doc Type: Contract Documents

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PROJECT
CONTRACT

{,ON rR,\Cr Rot: IT'a; "tlMRl'l{
87/01
$240,000

TIHS CONTRACT, made this 15th day of September 198 _~. by and between the
State uf Colorado for the lI~e and henefit of the L>epartment of 'I Natural Resources
(Colorado Water Conservation Board),
hereinafter rderred to as the Slate, and '2 the Stewart Ditch and lteservolr Company,
P. O. Box 386, paonia, CO 81428,
hert'inaftl.'r referred to as the Borrower or the Contractor.

WUEREAS, ,lIIthorily l'xish in the Law and Fund~ have heen budgeted, appropriated and otherwise made
availahle and a sufficient unencumbered halance thereof remains availabl~or payment in Fund Number 4008
G/L Aceuunt Numher 5045x ,Conlract Encumbrance Numberf1/,'l1 7.l: and
ABL Account Number 10450, Org. Unit 77-77-777,

WUEREAS, retluired approval. clearance and coordinatiun has been accomplished from and with appropriate
agencies; and

WHEREAS. the Governor of the State of Colorado declared
that an emergency disaster existed in the State of Colorado
under his proclamation of August 8. 1986: and

WHEREAS. by Executive Order dated August 8. 1986. .the
Governor suspended the operation of regulatory statutes. rules.
and regulations for diSbursing monies for repairs to irrigation
systems located in Delta County. in particular. eRS 37-60-121
and 122. which relate to the Colorado Water Conservation Board
Construction Fund. and eRS 24-30-202. together with all rules.
regulations. and orders promulgated thereunder which relate to
fiscal procedures for execution of contracts by the State; and

WHEREAS. irrigation systems in Delta are in immediate need
of repair: and

WHEREAS. pursuant to the Disaster Emergency Proclamation.
attached hereto as Exhibit A and incorporated by reference
herein. the Director of the Colorado Water Conservation Board
is to effect the repair. the rebuilding. or the replacement of
the earthsltde damaged or destroyed facility of irrigation
ditch company applicants located within the State Disaster
Declared County requiring emergency action to restore essential
services provided by these quasi pUblic carriers as rapidly as
possible; and

WHEREAS. it is agreed that funds from the Colorado Water
Conservation Board Construction Fund will be identified for use
in providing assistance to irrigation ditch companies: and

WHEREAS. repayments by the Stewart Ditch and Res~rvoir
Company will be made to the Colorado Water Conservation Board
Construction Fund; and

WHEREAS. the guidelines for assistance in the conservation
and utilization of Colorado's water resources through the
Colorado Water Conservation Board Construction Fund will be
used to process any application from the Stewart Ditch and
Reservoir Company; and

WHEREAS. the Contractor is a duly constituted and organized
irrigation company in the State of Colorado and agrees to
undertake the repair. replacement. or reconstruction of about
1200 feet of the Stewart Ditch located roughly 1 1/4 miles
below the intake of the North Fork of the Gunnison River in
Delta County. a principal component of the irrigation system
owned by the Contractor. which repair. replacement, or
reconstruction is estimated to cost approximately Two Hundred
Forty Thousand Dollars {$240.0001. inClusive of studies.
investigations, and design of said project: and

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