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<br />-- <br /> <br />. <br /> <br />AGREEMENT <br /> <br />THIS AGREEMENT is dated this day of , <br />1986, and is between the STATE OF COLORADO (State), acting by and <br />through the COLORADO WATER CONSERVATION BOARD (Board), and the <br />GRAND VALLEY IRRIGATION COMPANY, a Colorado nonprofit corporation <br />(Contractor) . <br /> <br />RECITALS: <br /> <br />A. The Secretary of the Interior (Secretary) is authorized <br />to construct, operate and maintain the Grand Valley unit, <br />Colorado (Unit) pursuant to the Colorado River Basin Salinity <br />Control act, 43 U.S.C. S 15?l, et ~. (Public Law 93-320, as <br />amended by Public Law 98-569) (Act) for the purpose of reducing <br />salinity in the Colorado River from the seepage of irrigation <br />water from irrigated lands of the Grand Valley. <br /> <br />B. Contractor is a mutual irrigation company organized <br />pursuant to sections 7-42-101, C.R.S., et seq., owning and <br />operating the following canals: Grand Valley Mainline Canal, <br />Grand Valley Highline Canal, Independent Ranchmen's Ditch, Mesa <br />County Ditch, Kiefer Extension, and the 260 Mainline, being an <br />extension of the old Mesa County Ditch (Contractor's Main <br />Canals) . Contractor furnishes irrigation water to its users <br />through headgates on Contractor's Main Canals, such water <br />thereafter flowing through a system of private ditches (Laterals) <br />owned and operated by private individuals, groups, unincorporated <br />associations, and incorporated mutual ditch or lateral companies. <br /> <br />C. The Act contemplates salinity control measures that <br />include the lining of Laterals, replacing Laterals with pipe, and <br />the combining of existing Laterals to fewer and more efficient <br />facilities. Prior to initiation of the construction of the Unit, <br />the Secretary is required to enter into contracts with <br />non-federal entities for the long term operation and maintenance <br />of the improved Lateral systems that shall reimburse such <br />non-federal entities with the costs of operation and maintenance <br />to the extent they exceed expenses which would have been incurred <br />absent the construction of the Unit. <br /> <br />D. The Board has solicited Contractor to be and constitute <br />a non-federal entity for the purpose of implementing salinity <br />control under the Act, and Contractor has indicated its <br />willingness to do so, including a willingness to acquire such <br />power and authority, and undertake such action, as is necessary <br />to acquire easements and rights-of-way over the Laterals for the <br />purpose of lining the same, construction of the Unit insofar as <br />it pertains to Laterals receiving their water from Contractor's <br />