PROJ00233

• Contract/PO #: C153528
• Contractor Name: Ute Mountain Ute Tribe
• Water District: 0
• County: Montezuma
• Bill Number: XB 99-999
• Loan Projects - Doc Type: Contract Documents

1-_ t>-"C~2'" fR ~ft~ I
~OPB

.

/ I '- r../' I , ..,.,_
'.....1 0.... ....:.;!:...("~ ....L.~bt-l-.
3'-0'-00
Ilt'-':TkACl kO,'TI"", "1.lrItbt-~.
~ lJ9/M

PROJECT AGREEMENT

$3.720,925

'TH:S AGREEMEJ.:'I' Diode :.his 19th day of Seotembe:
1988. by and between :'he STATE Of COLORADO for ~ne uSe aDe
b€n€=it of the DEPAP.T~NT Of NATURAL RESOUR:ES and th€ COLORADO
WATER CONSERVA":'ION BOARD. 1313 Sherman S:.reet. Denve::. Colorado
80203 (h€r€inafter ca11€d Owner) and th€ UTE MOm,TAIN UTE TRIBE
(~ne TRIBE) acting by and through the ~~EMINUCHE CONSTRUCTION
AUTHOR!":Y for t.he use ano bene:i:. of t.he TRIBE. P.O. Box AJ...
j'o\Jaoc. Color-a.oo a:334 (hereinaft.€r cCilleo COI\:TRACTOR).

\o\'H~REAS. aUThonlY ell.lSl~ U1 Int U\\' and Fun05 haw ftetofl huo,eTtc. approorialed and Otr'II:rwtse made
...il.,bir and ;j 5urrlc,enl unC'ncumbered hllll3nce Thereof remaim av...iiable for pa~menl In rune t-.umoe: to 0 () t:'
5 -:.... '))' / I/r' ;>..--,(-
G/L A.:cnunl ""umlK'T .,J':'_ ". Conlflilcr EncumoranC't humoer' .... -"-'" . and
~~~ Account No. 13220, Ors. Unit i7-77-i77,
WHEREAS. fel!ulfeC aflT"fUvOIl. Cit:lr:mL"e 3nd coordinalion na~ bee-r\ accomplished horn and Wllh 1II1'f1fonriaTt'
a,e-nclts: .nd

WHEREAS. the State has entered into the Colorado Ute Indian
Water Rights Final Settlement Agreement of December 10. 1986
(the "final Settlement Agreement"). with the United States, the
Ut€ Mountain Ute Indian Tribe. and others, which final
Se~tlement 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. t.o the
Town of Towaoc on the Tribe's reservation in Colorado (the
"Pro j ect II); ana

WHEREAS. the Colorado 'Water Conservation Boara (t.he IICWCB")
has been authoriz€d by sections 1 and 4 of chapter 230, Session
Laws of Colorado 1986. to construct the Project in ful=illment
of the Pinal Settlement Agreement. and to cont.ract directly
with the Ute Mountain Ut.e Tribe ~ithout. ut.ilizing t.he
procedures prescribed by article 52 of t.itle 2' and part 14 of
ar~icle 30 of title 24 for t.he 6esign and const.ruction of th~
project so long as the CWCB. in it.s sole discretion. :in6s that
the required work can be satisfactorily performec; and

k~EREAS, the Weeminuche Construction Authority (WCA) is a
Wholly owned SUbsidiary of the Tribe whicb is operat.ed
exclusively by the TRIBE. and it. was t.he legi~lative int.ent. of
section 4 of chapter 30 Session Laws of Colorado. 1986. to give
CWCB au~hori~y to con~=act direc~ly with t.he WCA. on behalf of
the TRIBE; and

WP~REAS. by their signa~u=es hereto bo~h the TRIBE ana the
Contractor agree t.o be bound by t.he terms of this Agreement;
and

WHEREAS, the CWCB, has founc that the requir€c project work
can be sat.isfactorily performed by t.he TRIBE. acting by ane
through its wholly own€d SUbsidiary the WCA; and

WHEREAS, the pipeline project is a component 0= the
p~oposec settlement of t.he Ute Mountain Ute TRIBE's reserved
wat.er rights claims on cert.ain t.ributaries of the San Juan
river; and

k~EREAS. the S~at.e of Colorado Att.ornev Generalis O:=ice
has certified to t.he CWCB that. t.he TRIBE h~s en:.erec into a
binding set.tlement ~ith the Stat.e which has been approved by
the Secretary of the In~erior ano which ~ill auantifv and
resolve all the TRIBE's reserveo water riahts~claims~ in
Coloraao; ana -

Page 1. of ~
EXHIBIT A