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EXHIBIT A Fom'I 6.AC-02A (R Ml~} NOPB PROJECT AGREEMENT $3,720,935 THIS AGREEMENT made this 19th day of September 1988. by and between the STATE OF COLORADO for the use and benefit of the DEPARTMENT OF NATURAL RESOURCES and tbe COLORADO WATER CONSERVATION BOARD. 1313 Sberman Street. Denver, Colorado 80203 (hereinafter called Owner) and the UTE MOUNTAIN UTE TRIBE (the TRIBE) acting by and througb tbe WEEMINUCHE CONSTRUCTION AUTHORITY for the Use and benefit of tbe TRIBE. P.O. Box AA, Towaoc, Colorado 81334 (bereinafter called CONTRACTOR). WH,SREA.S. aUlhority cxish' in the Law and Funds have been bud,eted. approprialed and otherwise made .vailablr and a 5ufricienl unencumbered bllJance theJl"of remaim:L1ilable ((lr paymerlf in Fund "umber 400R , elL Accounl Number 5322X, (ontracl Encumbrance Numbe 1..'i':fC:;::;l?: and ABL Account No. 13220, Org. Unit 77-77-777, WHEREAS. re4uirt'd arrruvaJ. clearance .and coordination ha~ been accomplished from and with 3pproprialf agencies: Dnd WHEREAS. the State has entered into the COlorado Ute Indian Water Rights Final Settlement Agreement of December 10. 1986 (the "Final Settlement Agreementll). with the United States. the Ute Mountain Ute Indian Tribe. and others. which Final Settlement Agreement requires. inter alia. the State to construct a pipeline for the transportation of water from the water treatment plant of the City of Cortez. Colorado. to the Town of Towaoc on the Tribe's reservation in Colorado (the "ProjectJI); and WHEREAS. the Colorado Water Conservation Board (the 11CWCB") has been authorized by sections 1 and 4 of chapter 230, Session Laws of Colorado 1986. to construct the Project in fulfillment of the Final Settlement Agreement. and to contract directly with the Ute Mountain Ute Tribe without utilizing the procedures prescribed by article 92 of title 24 and part 14 of article 30 of title 24 for the design and construction of the project so long as the CWCB. in its sole discretion~ finds that the required work can be satisfactorily performed; and WHEREAS, the Weeminuche Construction Authority (WCA) is a wbolly owned SUbsidiary of tbe Tribe wbicb is operated exclusively by the TRIBE. and it was tbe legiolative intent of section 4 of chapter 30 Session Laws of Colorado. 1986. to give CWCB autbority to contract directly with the WCA. on behalf of tbe TRIBE; and WHEREAS. by tbeir signatures bereto botb tbe TRIBE and tbe Contractor agree to be bound by the terms of this Agreement; and WHEREAS. the CWCB. has found tbat tbe required project work can be satisfactorily performed by the TRIBE. acting by and tbrougb its wbolly owned SUbsidiary tbe WCA; and WHEREAS. tbe pipeline project is a component of tbe proposed settlement of the Ute Mountain Ute TRIBE's reserved water rights claims on certain tributaries of the San Juan river; and - WHEREAS. the State. of Colorado Attorney Generalis Office has certified to the ewcs that the TRIBE has entered into a binding settlement with the State which has been approved by the Secretary of the lnterior and which will quantify and resolve all the TRIBE's reserved water rights claims in Colorado; and 395-:5301-1014 Pa!!'l' J of -L pa!!es EXHIBIT A 8009E s.