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<br />) <br /> <br />) <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />. <br /> <br />ROUTING NUMBER: Otb81 <br /> <br />CON T RAe TAM END MEN T No.2 <br /> <br />. THIS AMENDMENT, made this ILJ.-rj+ day of JANUARY ~UY) , by <br />and between the State of ColoradQ for. the use and benefit of the Department of Natural <br />Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB <br />and/or STATE, and the Lower Arkansas Water Man~gement Association, P.O. Box <br />1161, Lamar, CO 81052, hereinafterreferred to as the CONTRACTOR. <br /> <br />FACTUAL RECITALS <br /> <br />A Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available and a sufficient unencumbered balance thereof remains <br />available for payment in Fund Number 424, Appropriation Code ARA, Contract <br />Encumbrance Number C153768B. <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />C. The STATE and the CONTRACTOR entered into a contract dated May 28,1997, Contract <br />Encumbrance Number C153768, as amended on May 17, 1999, hereinafter referred <br />to as the ORIGINAL CONTRACT, and incorporated herein by reference, wherein the <br />STATE agreed to loan money in the total amount of $2,300,000, and the CONTRACTOR <br />agreed to repay the loan in accordance with the terms of the ORIGINAL CONTRACT. <br /> <br />D. In April 1999, the Contractor requested approval to use loan funds from Loan Contract <br />C153768 to purchase shares in the Las Animas Consolidated Canal Company, the <br />Amity Mutual Irrigation Company, the Fort Bent Ditch Company, or the Highland <br />Irrigation Company ("Shares"), or any combination of shares in those companies. <br /> <br />E. At its May 1999 meeting, based on a revised feasibility study prepared by Helton & <br />Williamsen, the CWCB approved the CONTRACTOR'S request specifying that the <br />CONTRACTOR could purchase any combination of shares in the Amity Mutual Irrigation <br />Company, the Fort Bent Ditch Company, the Highland Irrigation Company, and the <br />Las Animas Consolidated Canal Company up to the limit of funds available under the <br />contract. Further, the Board specified that all shares purchased would be pledged as <br />collateral for the loan with the exception of one share of the Las Animas Consolidated <br />Canal Company that the Contractor might trade for shares in the Highland Irrigation <br />Company. <br /> <br />Lower Arkansas Water Management Association <br /> <br />Page 1 of 3 <br /> <br />Contract Amendment No.2 <br />