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<br />. <br /> <br />.: <br /> <br />-.' <br /> <br />.' <br /> <br />CONTRACTOR: ARKANSAS GROUNDWATER USERS <br />ASSOCIATION <br />Contract No. C150134 <br />Contract Amount $100,000 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 03 PDA eJOOf) 7 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this February 1, 2003, by and between the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board, ("CWCB" or "State"), and, Arkansas Groundwater Users <br />Association, a Colorado nonprofit corporation ("Contractor"). <br /> <br />FACTUAL RECITALS <br /> <br />1. 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 as follows: Fund Number 424, Organization YYYY, <br />Appropriation Code AED, GBL A134, Program WTRC, Object Code 5781, Contract <br />Encumbrance No. C150134. <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />3. CWCS's authority for making this expenditure: Senate Sill 02S-001 authorizes the <br />CWCS to make loans and grants to agricultural organizations for emergency <br />drought-related water augmentation purposes from the CWCB Severance Tax <br />Trust Fund Perpetual Base Account, based on recommendations from the Director <br />of the CWCB, the State Engineer, the Commissioner of Agriculture and the <br />Executive Director of the Department of Natural Resources. Such loans or grants <br />may only be made if, pursuant to state or federal law, any portion of Colorado has <br />received emergency drought designation or a disaster emergency been proclaimed <br />due to drought. <br /> <br />4. The project consists of purchasing augmentation water ("PROJECT"), described in <br />Appendix A attached hereto, as approved by the Director of the CWCB, and the <br />State Engineer on December 17, 2002, for which funds under this contract will be <br />expended. <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants <br />contained herein, the parties agree as follows: <br /> <br />A. Time of performance. The CONTRACTOR recognizes that time is of the essence in <br />the performance of its obligations under this contract. Therefore, the CONTRACTOR <br />shall be responsible for the completion of the PROJECT within 12 months of the <br />effective date of this contract. <br /> <br />B. Disbursement of funds. The CWCS shall disburse funds to the CONTRACTOR to <br />pay for the costs associated with the PROJECT in the following manner: <br /> <br />Page 1 of 5 <br />