PROJ00186

• Contract/PO #: C153170
• Contractor Name: Trinchera Irrigation Company
• Contract Type: Loan
• Water District: 35
• County: Costilla
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Contract Documents

EXHIBIT "A"

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34-04-00
CONTR,u'j nOlJTING l'i1l.\11l1' R
5379

$400,000.00

!'''1m 6.,\C.OIA

CONTRACT

THIS CONTRACT, made this Is t day of June

Slale of Colorado for lhe use and benefit of the Department of . 1
(Colorado Water Conservation Board)

hereinafter referred to as the Slale, and "2 the Trinchera Trrigation Companv.
P.O. Box 41, Blanca, Colorado 8ll~J

hereinafter referred 10 as the cOlllmctor,

197!!., by ,md bef\H'CIl Ihe
Natural Resources

WHEREAS, authority exists in the L:lw and Funds have heen budgeted. appropriated and olherwi~l' 1l1:ltlc
a~':lilahle and a sufficient unencumbered balauce thereof remains .I\'ailahlc fur payment in Fund Number 4008..
G/L Account Number 57087 .. Conlract Encumbrance NumberC153170: ~l.Ild

WHEREAS, rCtluircd aJlpru\'al, clearance and coordination has been accoillplished from and wilh approprialc
agencies; llnd

WHEREAS, 'J pursuant to Title 37, A.rticle 60, Colorado Revised
Statutes 1973, as amended, the State, through the Colorado Water
Conservation Board, may construct water resource projects and make
the waters available therefrom to the residents of the State of
Colorado upon conditions to be determined by che Colorado Water
Conservation Board; and

WHEREAS, the Contractor is an irrigation company in the State of
Colorado and wishes to undertake construction of an irrigation system,
hereinafter called the project, for the members of the Trincher~
Irrigation Company in Costilla County, Colorado, at an estimated Cost
of Four Hundred Thousand Dollars ($400,000); and

WHEREAS, the parties hereto have jointly conducted a feasibility
investigation of said project through the Soil Conservation Service
of the U. S. Department of Agricultu,e and have found that such a
project is economically feasible; and

WHEREAS, the Stare, through the Colorado water ConserVation Board,
has agreed to const~ct said project and to sell the same to the
Contractor upon mutually agreeable terms and conditions, subject to
the approval of app~opriations for that purpose by the Colorado General
Assembly and the Governor of the State of Colorado; and

WHEREAS, pursuant to Senate Bill No. 35, Fifty-First General
Assembly of the State of Colorado, duly enacted by the Colorado General
Assembly and approved by the Governor of the state of Colorado, there
was appropriated to the Colorado Water Conservation Board the sum of
Four Hundred Thousand Dollars ($400,000) for construction of the
Trinchera Irrigatioo Project; and

WHEREAS, the Contractor has available from its own sources and
from a loan and grant approved by the Farmers Horne Administration and
the Soil Conservation Service sufficient funds to construct the
remainder of the project;

NOW THEREFORE, in consideration of the mutual and dependent
covenants herein corttained, it is agreed by the parties hereto as
follows:

A. The Contractor agrees that it will:

1. Cause said project to be constructed within three years of
the date of this contract in accordance with the project plans and
specifications and any necessary modification thereof prepared by it
as approved by the State, unless such time is extended by the State,
or unless such time is insufficient because of acts of God or other
acts or failure to act beyond the control of the Contractor.

Page I of ---5. pages
*lSceinstrllctionson rcvcrsc uf last llage.)

EXHIBIT "A"