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<br />"\ <br /> <br />.n <br /> <br />. .".._____"_____.."'_.~~.,_~C.--..h" <br /> <br />'"' ._~,.;.~~...;..--'-~.;.~~.;~~=;~. <br /> <br />.-. -'. .. . - -. <br />. ...-.-.-_._-" -,.~....._~.-._--~. <br /> <br />{1 <br /> <br />equal five percent (5%1 of the construction-costs of the PROJECT and exceed ten percent (10%) <br />of the construction costs of the project. <br /> <br />C. The DISTRICT will comply with the Official state Position for fish and wildlife <br />mitigation for the PROJECT and will utilize the grant monies which it receives pursuant to this <br />contract only for payment of the cost of implementing the requirements of the Official state <br />Position as follows: <br /> <br />1. The DISTRICT shall not use the mitigation grant for the purpose of funding those <br />mitigation measures pertaining to the ousterhout's Milkvetch, the cost of which will <br />be funded solely by the DISTRICT. <br /> <br />2. The grant monies not needed for initial mitigation of construction/development <br />of the Wolford Mountain Reservoir project shall be set aside by the DISTRICT in a <br />special trust fund established for the specific purpose of funding future mitigation <br />actions required under the project Mitigation Plan. <br /> <br />3. The DISTRICT will regularly, but not less than once each year, consult with the <br />DMSION and the U.S. Bureau of Land Management (BLMI on the effectiveness of the <br />mitigation measures contained In the project Mitigation Plan and consider <br />Implementing recommendations from the DMSION or BLM for improving the <br />mitigation measures contained therein. <br /> <br />4. The DISTRICT will cooperate with the BOARD and the DIVISION during the three years <br />following the completion of the PROJECT to evaluate the reach of Muddy Creek <br />beloW the Project for water quality, sediment, and habitat, for the purpose of <br />determining the filing for an Instream flow pursuant to C.R.S. 37-92-102; and, that <br />should such evaluations indicate that the potential exists to develop an Instream <br />fishery below the project, the DISTRICT will apply to the Colorado Wildlife Commission <br />and the Board for an Enhancement Grant, pursuant to HB 87-1158, to develop that <br />fishery. <br /> <br />D. The BOARD shall have the right to review the DISTRICT'S records and inspect the <br />mitigation measures, lands, and activities to determine the status of the District's compliance <br />with the Official state Position. <br /> <br />E. The DISTRICT agrees to comply with the Official sate Position in any regard at any time <br />and to use said grant money for the sole purpose of paying for the mitigation measures <br />identified in the Official State Position for FiSh and Wildlife Mitigation Measures for this <br />project. Failure to comply with the Official state Position or to use the funds for any other <br />use shall be a material breach of this grant contract and the BOARD may file suit for specific <br />performance, return of monies, or any other remedy available to it under this contract in a <br />court of competent jurisdiction. ' <br /> <br />F. The STATE shall pay to the DISTRICT, the total sum of One Million TWo Hundred seventy <br />EightThousand Eight Hundred TWenty Eight Dollars ($1,278,828_00l in the following manner: <br /> <br />From time to time the DISTRICT will submit written requests to the STATE for <br />disbursement of such portion of that total sum as is then requested by the <br />DISTRICT in conformance with its budgeting needs and considerations. No request <br />or requests shall require the STATE to disburse to the DISTRICT more than 70% of <br />the total sum in anyone STATE fiscal year. The-STATE shall disburse money to the <br /> <br />.......,""'......,"'.. ...".."IT rnMTO^rT <br />