PROJ00160

• Contract/PO #: C153492
• Contractor Name: Ute Mountain Ute Tribe
• Water District: 0
• County: Montezuma
• Bill Number: XB 99-999
• Loan Projects - Doc Type: Contract Documents

Form 6-AC-oZA (R S/8S1
NOPB

DEPAR1__C:NT OR AGENCY NUMBER
34-04-00

$40,000

.9t'? ;'7- /<)3/

PROJECT
CONTRACT

THIS CONTRACT. made this 1St-h day of June
State of Colorado for the use and benefit of the Department of .1
(Colorado Water Conservation Board),
hereinafter re-ferred to as the State. and "2 the ute Mountain Ute
Tnw~n~. r.O R1334.
hereinafter referred to as, t~e- fhntractor.

198 1.. . by and between the
Natural Resources

Tribe,

_ WHEREAS. authority exists in the Law and Funds have been budgeted. appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 4008
G/l Account Number 5322X. Contract Encumbrance NumbereIS"~4.- and .
ABL Account Number ~, Org. Unit 77- -777,
.WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate
agenclC~,s: and

. IfflEREAS. pursuant to the provisions of Section 37-60-119.
Colorado Revised Statutes. the State is authorized to construct
water supply facilities for the benefit of the people of the
State of COlorado; and

WHEREAS. the Towaoc Pipeline Project (hereinafter Project)
was authorized by Section 1 (1) of Chapter 230. session Laws of
Colorado 1986; and

WHEREAS. Section 1 (4) of Chapter 230. Session Laws of
Colorado 1986. authorized the Colorado Water Conservation Board
to contract directly with the Contractor without utilizing the
procedures prescribed by Article 92 of Title 24 and part 14 of
Article 30 of Title 24. Colorado Revised Statutes, for the
design and construction of the Project so long as the Board. in
its sole discretion. finds that the required work can be
satisfactorily performed; and

WHEREAS. the Board has determined that the Contractor can
satisfactorily perform portions of the engineering work
required for the design of the Project and for the management
of the construction of the Project; and

WHEREAS. Section 1 (4) of Chapter 230. Session Laws of
.Colorado 1986. provides that the Board may not proceed with the
-design and construction of the Project. nor expend any moneys
therefor. 'until the Attorney General certifies to the Board
that the Contractor has entered into a binding settlement with
the State which has been approved by the Secretary of the
United States Department of the Interior and which quantifies
and resolves all of the Contractor's reserved water right
claims in Colorado: and

WHEREAS. the Attorney General has provided to the Board the
required certification. a copy of which is attached hereto as
Exhibit B: and

WHEREAS. Section 1 (4) of Chapter 230. Session Laws of
Colorado 19S6. further provides that the Board cannot proceed
with the Project until the Contractor has entered into a
contract with the Board by which it agrees to assign to the
Board. in the event that the approved settlement is not fully
consummated for any reaSOD. one-half. but not to exceed Six
Million Dollars ($6.000.000). of any damages which the
Gontractor may obtain in litigation against the United States:
and

WHEREAS. the Contractor, as hereinafter set forth in
paragraph 1, is making the reguired assignment; and

WHEREAS. the State and the Contractor desire to commence
work on the Project.

395-5J.01.1014

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