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<br />. <br /> <br />. <br /> <br />BORROWER: Southeastern Colorado Water <br />Conservancy District, acting by and through <br />the Southeastern Colorado Water Activity <br />Enterprise <br /> <br />Contract No. C150073 <br /> <br />Loan Amount $100,000 <br /> <br />Agency Name: Water Conservation Board <br /> <br />Agency Number PDA <br />Routing Number 02. KDA (Jo033 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this 15th day of October 2001, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board, hereinafter referred to as the CWCB and/or STATE, and the <br />SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH THE <br />SOUTHEASTERN COLORADO WATER ACTIVITY ENTERPRISE, P.O. Box 440, Pueblo, Colorado <br />81002, hereinafter referred to as the CONTRACTOR. <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated and otherwise <br />made available and a sufficient unencumbered balance thereof remains available for <br />payment in Fund Number 424 Organization YYYY, Appropriation ARP, GBL S073 Program <br />WTRC, Object Code 5180, Contract Encumbrance Number C150073. <br /> <br />S. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />C. Pursuant to Section 37-60-121 (1)(b)(IV), C.R.S., the CWCB is authorized to make <br />nonreimbursable expenditures from the CWCS Construction Fund with specific <br />authorization from the General Assembly. <br /> <br />D. The CONTRACTOR is a water activity enterprise within the meaning of S 37-45.1-101 et sea., <br />C.R.S., and was established by a resolution of the Southeastern Colorado Water <br />Conservancy District's Board of Directors adopted September 21, 1995, as amended, <br />incorporated herein by this reference. <br /> <br />E. The CONTRACTOR has requested a nonreimburseable expenditure for the purpose of <br />conducting, and financing 50% of, a reconnaissance and feasibility study for the Arkansas <br />Valley Pipeline, over 190 miles of pipeline to supply water to municipalities and other water <br />providers in the counties along the Arkansas River east of Pueblo Reservoir to Lamar <br />("PROJECT"). <br /> <br />F. The CWCB has determined that the PROJECT will benefit municipalities and other water <br />providers in the Arkansas River valley between Pueblo and Lamar, and will assist the <br />CWCB in its water resource planning efforts. <br /> <br />G. The CONTRACTOR, the CWCB and several water provider organizations (hereinafter <br /> <br />Page 1 of 7 <br />