C153629 Contract

• Contract/PO #: C153629
• Contractor Name: Colorado River Water Conservation District, The
• Contract Type: Loan
• Water District: 50
• County: Grand
• Bill Number: SB 87-15
• Loan Projects - Doc Type: Contract Documents

Substitution Agreement). An application for adjudication of
substitutions and exchange has been filed by the River District and
Denver as co-applicants and is now pending in the Consolidated
Civil Cases Nos. 2782, 5016 and 5017 in the United States Court for
the District of Colorado and 91CW252 in the Water Court for
Division 5, State of Colorado.

G. The Lease Agreement provides in Paragraph 1 (d) for an
addendum thereto to document the Firm Annual Yield of the Reservoir
to the Denver system when it has been determined. Sufficient
hydrologic data are now available, and it has been determined by
the River District and Denver th~t the water right referenced above
will supply to Denver for use in accordance with the Substitution
Agreement a firm annual yield of 15,000 acre feet per year stored
in the Reservoir. This recital G shall satisfy the requirements of
Paragraph l(d) of the Lease Agreement for an addendum.

H. A Final Environmental Impact Statement has been issued
for construction of the Reservoir and all necessary government
permi ts have been issued therefor, subj ect to an appeal of the
Bureau of Land Management Right of Way Grant COC-45805.

I. Denver is contemporaneously entering into an agreement
with the Board of County Commissioners of Grand County, the Board
of County Commissioners of Summit County, and various other
municipal and corporate entities entitled "Clinton Reservoir _
Fraser River Water Agreement" (hereinafter referred to as "Clinton
Reservoir Agreement"), which in part provides that Denver will
supply water in the Fraser River Basin for the benefit of water
users in Grand County, for which other water must be made available
to the Denver water system. By facilitating Denver's supplying of
water in the Fraser River Basin, the River District is acting in
furtherance of the mitigation requirements of the Agreement
Concerning the Windy Gap Project and the Azure Reservoir and Power
Project, dated April 30, 1980, as supplemented by an Agreement
dated March 29, 1985 ( collectively known as the "Windy Gap
Settlement Agreement"), and in performance of an agreement dated
April 1, 1987, between the Middle Park Water Conservancy District,
the River District and the Board of County Commissioners of Grand
County.

J. The River District and Denver have agreed to modify the
Lease Agreement to provide a permanent source of water for Denver
subsequent to the end of the term of the Lease Agreement and Denver
has agreed to change its amount and method of payment in
consideration therefor, thereby making the issuance of bonds by the
River District unnecessary.

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