C153664 Engineering report

• Contract/PO #: C153664
• Contractor Name: Fort Lupton, City of & Fort Lupton Water Utility Enterprise
• Contract Type: Loan
• Water District: 1
• County: Weld
• Bill Number: HB 93-1273
• Loan Projects - Doc Type: Feasibility Study

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Cram :.he :-ece:pt ,~f :...'-:e ::r:a...! :~:-:::s a:: ~ :~;:c:~cr.s of :....:e pa.r"'...:c:~a:.:cn :8 :-es~ :r:c:
in wnting Mth regard to ,ts desire to par~c:pate. A.I!ottee.s right of :lrst re!'ccsal
shall temunate only as to those con:racts for mcreased capacIty '....hich are
completed upon terms substantJally slITUlar to those offered to Allottee and :0
which Allottee did not respond Mth its desire to par..1cipate '-"1thin the sLxcy-cay
period. CrJess previously temunated pursuant to this paragraph. Allottee's
r.ght of fust refusal shall termUlate on L'1e iast day of the 90L'1 year after
exeC'.Jlion of L'1is Contract.

3.

Cse of CapacIty a.'1d Water.

a.

PipelUle capacIty allotted hereIn shall be used only for the :ranSIT'.JSSlcn of: :i
District water or Subdistrict water from Carter Lake ReservOir: [Ii) non-Dlstr.ct
water or non-SubdistI1ct water not delivered from Carter Lake ReserVOIr and
used by direct diVerSion. by e.,<:change or otherw1se, only WiL'un the boundanes
of the DistI1ct or the SubdlstI1ct or any other property eligible for Ulclusion
withUl the DistI1ct or SubdistI1ct upon the inclusion thereof: (tii) any other water
deliverable from Carter Lake Reservoir with the specific approval of the Board
and the approval of the Secretary of the Interior of the United States of America
or hIs designee (If Secretartal approval is required by law or contract): or (NI any
other water with the specific approval of the Board: all for the use of Allottee. its
water customers, or other Entities permitted hereunder. All water introduced
into the PlpelUle from sources other than Carter Lake Reservoir shall be of a
quality at least equal to that in Carter Lake Reservoir at the time of the
introduction of said water.

b.

Water delivered through the Pipeline shall only be benefiCially used, whether L'1e
use 15 by direct diversion. by exchange or otherwISe. in accordance wiL'l the
terms of th15 Contract: the Water Conservancy Act of Colorado. C.RS. 9937-45-
101 et sea.. 9 37-83- 106: the rules. regulations and pol1cies of the Board: and
the Colorado-Big ThDmpson Project Repayment Contract between the District
and the United States of America dated July 5. 1938. If applicable. or as
otherw1se allowed with the Board's consent.

4.

SWSP Enterprise Ownership. Operation and Maintenance.

a.

The SWSP Enterprise shall own. construct. operate. maintain. replace and
repair the Plpellne. subject to the Allottee's perpetual. vested right to possession
of that portion of the capacity of the PIpeline allocated herein. To this end the
SWSP Enterprise shall be responsible for all planning. schedullng. right-of-way
acqUISition. construction and engineering contracts relating to the Pipeline: any
required permlts. Impact statements and other procedural or substantive
matters necessary for completion of the PIpeline: and all operation.
maintenance. and replacement of the Pipeline.

b.

The SWSP Enterprise covenants to prudently deSign. construct. operate.
malntaJn. repair and replace the Pipeline in good faith for the benefit of the
Allottee and the other PartiCipants. SWSP Enterprise acknowledges that Allottee
is relying upon this covenant of SWSP Enterprise in e.'Cecuting th15 Contract and
in mak1ng payment of all amounts due hereunder. SWSP Enterprise and the
Allottee agree that non-performance by SWSP Enterprise of Its obligations to
design. construct. operate maintain, repair and replace the PIpeline shall result
in damages to Allottee whioh Mil be difficult to calculate and for which there
may not be an adequate remedy at law. Therefore. SWSP EnterprISe and

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