C153629 Contract - Laserfiche WebLink

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;-. ,,'-) . WHEREAS, the Bureau of Land Management, has issued a right- of-way for construction and operation of the project on Federal lands, and the granting of said right-of-way has been appealed to the Interior Board of Land Appeals; and WHEREAS, the United States Army Corps of Engineers has issued a permit for the Discharge of Dredged or Fill Materials into the Water of the United States as required by the Clean Water of Act of 1972; and WHEREAS, the Fish and Wildlife mitigation plan for the project was accepted by the Colorado Wildlife Commission and the State on February 3, 1992, as the official state position for mitigation for the project; and WHEREAS, final engineering designs and specifications have been prepared by Boyle Engineering Corporation in consultation with staff from the State; and WHEREAS, said designs and specifications have been duly reviewed and approved by the State Engineer of Colorado; and WHEREAS, Section 6 of Chapter 326, Session Laws of Colorado 1991, authorized the State to construct or cause to be constructed the said project at a State cost of Twenty Million Dollars ($20,000,000); and WHEREAS, the State is prepared to loan Twenty Million DoJlars ($20,000,000) to the Contractor for the construction of the ?roject pursuant to the authority of Section 37-60-119, C.R.S., and Section 6 of Chapter 326, Session Laws of Colorado 1991, subject to the availability of funds for that purpose. WHEREAS, the Contractor and the City and County of Denver, acting by and through its Board of Water Commissioners (hereinafter referred to as Denver), entered into an agreement entitled "Rock Creek Reservoir Lease Agreement," which is dated March 3, 1987, and the Agreement Amending the Lease Agreement dated the ?c z:;i...- day of September, 1992; and WHEREAS, a Memorandum of Agreement between Denver; the united States of America, acting through the U. S. Department of the Interior, U. S. Bureau of Reclamation; the Northern Colorado Water Conservancy District; and the Contractor was executed on December 30, 1991 (hereinafter referred to as the Substitution Agreement), to allow the water leased to Denver under the Lease Agreement to be utilized by Denver by substituting the leased waters for other stored and adjudicated waters of Denver (all as set forth with particularity therein). An Application has been filed by the Contractor and Denver as co-applicants and is now pending in the Consolidated Civil Cases No. 2782, 5016 and 5017 Page 2 of 1Q Pages