PROJC00667

• Contract/PO #: C153669
• Contractor Name: Windsor Reservoir and Canal Company
• Contract Type: Loan
• Water District: 3
• County: Larimer
• Bill Number: EIA
• Loan Projects - Doc Type: Contract Documents

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DEPARTMENT 0:. NAME
l.later Conser"'a~-IC;'. Doard

DEPARTMENT OR AGENCY NUMBER
PDA

ROUTING NUMBER

$ 300,000

EMERGENCY
WAN CONTRACf

TI-lIS CONTRACT, made this 8th dayof

March

1994, by and between the State of Colorado for the

use and benefit.of the Department of NATURAL RESOURCES

(COLORADO WATER CONSERVATION BOARD) . hereinafter
referred to as .he State, and THE WINDSOR RESERVOIR AND CANAL COMPANY.
P.O. BOX 206 . EATON. CO 80615 hereinafter referred '0 as the

Borrower.

1. WHEREAS, authority exists in the Law and Funds l1ave been budgeted, appropriated and othetwise made available and a
sufficient unencumbered balance thereof remains.available for payment in Fund Number1J.i Organization YYYY; Appropriation gz-/i
. Program ~Objecl Code.:5J6Jh,ntracl Encumbrance Number, CIS '3'. (" 9 ; and
2. WHEREAS, required approval, clearance and coordiJ1ation have been accomplished from and with appropriate agencies; and

3. WHEREAS, pursuant to the provisions of Sections 37-60-119 and 37-60-120,
Colorado Revised Statutes, the State is authorized to loan money for the construction
of water projects for the benefit of the people of the State provided that the Borrower
assures repayment of that money; and

4. WHEREAS, in accordance with Section 37-60-122.6 c.R.S. , the State is
authorized to loan money from the Emergency Infrastructure Account for projects
which it determines are necessary to avoid unreasonable risk of injury or damage to
human health or well being or to property or crops when the Colorado Water
Conservation Board determines that the emergency condition is not the result of
negligence in the operation or maintenance of the infrastructure; and

5. WHEREAS, on June 22, 1993, a slide developed on the Poudre Valley Canal,
owned by the Borrower, which seriously threatened to destroy a portion of that Canal;
and

6. WHEREAS, the Colorado Water Conservation Board determined at their
January 19, 1994 meeting that the conditions at the Poudre Valley Canal (which is
infrastructure owed by the Borrower) did constitute an emergency condition qualifying
for a loan from the Emergency Infrastructure Account; and

7. WHEREAS, the Colorado Water Conservation Board approved at their
January 19, 1994 meeting, an emergency loan to the Borrower in a maximum amount
of $300,000 (Three hundred Thousand Dollars), not to exceed seventy five percent

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