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<br />AGREEMENT AMENDING LEASE AGREEMENT <br />BETWEEN <br />COLORADO RIVER WATER CONSERVATION DISTRICT <br />AND <br />CITY AND COUNTY OF DENVER <br /> <br />This Agreement is to be effective the 21st day of July, 1992, <br />by and between the Colorado River Water Conservation District <br />(hereinafter referred to as "River District") and the City and <br />County of Denver, acting by and through its Board of Water <br />Commissioners (hereinafter referred to as "Denver"), WITNESSETH: <br /> <br />RECITALS <br /> <br />A. <br />entitled <br />March 3, <br /> <br />The River District and Denver entered into an agreement <br />"Rock Creek Reservoir Lease Agreement" which is dated <br />1987 (hereinafter referred to as "Lease Agreement") . <br /> <br />B. The Lease Agreement, in Paragraph 1, refers to alternate <br />locations of a proposed reservoir. Subsequent to the execution of <br />the Lease Agreement, a site for construction of the reservoir <br />(hereinafter referred to as "Reservoir") was selected on Muddy <br />Creek, a tributary of the Colorado River north of Kremmling, <br />Colorado, for construction of the Reservoir to a capacity of 60,000 <br />acre feet, more or less (hereinafter referred to as "Capacity"). <br /> <br />C. The dam to be constructed to create the Reservoir has <br />been named Ritschard Dam and the Reservoir bears the name of <br />Wolford Mountain Reservoir although it has also been known as <br />Gunsight Pass Reservoir. <br /> <br />D. A conditional water right has been adjudicated for the <br />Reservoir in the amount of 59,993 acre feet in Case No. 87CW283, <br />Water Division No.5, State of Colorado, in which decree reference <br />is made to Gunsight Pass Reservoir, which is one and the same as <br />Wolford Mountain Reservoir. <br /> <br />E. On February 28, 1992, the plans and specifications for <br />construction of the Reservoir were approved by the Office of the <br />State Engineer of the State of Colorado. <br /> <br />F. A Memorandum of Agreement among Denver; United States of <br />America acting through the Department of the Interior, Bureau of <br />Reclamation; Northern Colorado Water Conservancy District; and the <br />River District was executed on December 30, 1991 (hereinafter <br />referred to as "Substitution Agreement") to allow the water leased <br />to Denver under the Lease Agreement to be utilized by Denver by <br />substituting the leased waters for other stored and adjudicated <br />waters of Denver (alIas set forth with particularity in the <br /> <br />EXHIBIT D <br />