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<br />< <br /> <br />~(Q)[j2)'W <br /> <br />RECEIVED <br />APR 3 0 1997 <br /> <br />ALLOTMENT CON'lRACT WITH THE <br /> <br />Colorado Waler <br />Conse""'tion Board <br /> <br />NORTHERN COLORAOO WATER CONSERVANCY DISTRICT <br /> <br />ACTING BY AND THROUGH THE SOUTHERN WATER SUPPLY PROJECT <br />WATER ACTIVITY ENTERPRISE <br /> <br />FOR CAPACITY IN THE FORT LUPTON/HUDSON PIPELINE <br /> <br />This Allotment Contract dated this n day of J.u~,S'} ,1995, is entered into by and between <br />the Town of Hudson, a municipal entity of the state of Col do, whose address 1S 557 Ash street, Hudson, <br />Colorado 80642 (hereinafter called 'Allottee'), and the Northern Colorado Water Conservancy District (a quasi- <br />municipal entity and political subdivision of the State of Colorado), acting by and through the Southern Water <br />Supply Project Water Activity Enterprise (a government-owned business within the meaning of Article X, Section <br />20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S II 37-45.1-101 et sea.), whose address is <br />1250 North Wilson Avenue, P.O. Box 679, Loveland, Colorado 80539 (hereinafter called the 'SWSP Enterprise') <br />(collectively referred to herein as the 'parties'), for an allotment of capacity in the SWSP Enterprise's <br />Fort Lupton/Hudson Pipeline under and pursuant to the following terms and conditions. <br /> <br />RECITALS <br /> <br />A. The SWSP Enterprise is developing a municipal water supply conveyance system known as the <br />Southern Water Supply Project to provide raw water to users located in the southern and eastern <br />parts of the District and Subdistrict (as such terms are defined below) from Carter Lake <br />Reservoir. <br /> <br />B. The SWSP Enterprise and Allottee have previously entered into an allotment contract allotting <br />to Allottee capacity in the Carter Lake to Broomfield Pipeline (as such term is defined below). <br /> <br />C. The purpose of this Allotment Contract is to allot to Allottee capacity in the Fort <br />Lupton/Hudson Pipeline portion of the Southern Water Supply Project running from the Carter <br />Lake to Broomfield Pipeline to the vicinity of the city of Fort Lupton which is currently <br />designed to serve Allottee and the Morgan County Quality Water District, the City of Fort <br />Morgan and the city of Fort Lupton. <br /> <br />AGREEMENT <br /> <br />1. Definitions. The following definitions shall apply herein: <br /> <br />a. 'Board" shall mean the Board of Directors of the Northern Colorado Water Conservancy District. <br /> <br />b. "Carter Lake to Broomfield Pipeline' shall mean the pipeline constructed by the SWSP Enterprise <br />as part of the Southern Water supply Project and for which Allottee has an allotment contract <br />dated January 14, 1994. <br /> <br />c. "Contract" shall mean this Allotment Contract dated as set forth above between SWSP Enterprise <br />and Allottee. <br /> <br />d. "District' shall mean the Northern Colorado Water Conservancy District, a political subdivision <br />of the State of Colorado, and a body corporate with all the powers of a public or municipal <br />corporation, organized and existing by virtue of Title 37, Article 45, Colorado Revised <br />