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<br />. <br /> <br />. <br /> <br />CONTRACTOR: LOWER ARKANSAS WATER <br />MANAGEMENT ASSOCIATION <br />Contract No, C150103 <br />Contract Amount $94,000 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 03 PDA f)DO /1 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this August 28, 2002, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Soard, ("CWCS" or "STATE"), and Lower Arkansas Water <br />Management 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, Approp, <br />Code AED, GSL L 103, Program WTRC, Object Code 5881, Contract Encumbrance <br />No, C150103, <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 CWCS Severance Tax <br />Trust Fund Perpetual Sase Account, based on recommendations from the Director <br />of the CWCS, 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 CWCS, the State <br />Engineer, the Commissioner of Agriculture and the Executive Director of the <br />Department of Natural Resources on August 19, 2002, for which funds under this <br />contract will be 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 4 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 />a, Request for funds for augmentation water transaction, Within 30 working days <br /> <br />Page 1 of 5 <br />