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<br />r-~ <br /> <br />raw water to the Borrower and other participating entities; and <br /> <br />WHEREAS, on July 21, 1993, pursuant to the National <br />Environmental Policy Act, 42 U.S.C. 4331, et seo., the United <br />States Department of the Interior, Bureau of Reclamation, issued a <br />Finding of No Significant Impact No. EA-E-400-92-15, which <br />determined that construction and operation of the Project will not <br />significantly affect the quality of the human environment, and on <br />October 22, 1993, issued a Special Use Permit to the NCWCD for <br />Project-related activities on federal land; and <br /> <br />WHEREAS, the <br />construction of the <br />State; and <br /> <br />Borrower <br />Project, <br /> <br />desires to participate in the <br />in part through financing from the <br /> <br />WHEREAS, the Borrower has entered into an Interim Agreement <br />with NCWCD dated January 27, 1993, to fund its pro rata share of <br />certain design and cost estimates for the Project; and <br /> <br />WHEREAS, in order to obtain the right to use it share of <br />capacity in the Carter Lake-to-Broomfield segment of the Project as <br />shown in Appendix B attached hereto and to fund its share of costs <br />for planning, design, right-of-way acquisition, construction, <br />administration, operation, maintenance, repair and rehabilitation <br />of such segment of the Project, the Borrower soon will enter into <br />an Allotment Contract, hereinafter called the Allotment Contract, <br />with the SWSP Enterprise; and <br /> <br />WHEREAS, the Borrower's right to utilize its share of the <br />capacity of the Project as more fully set forth in its Allotment <br />Contract with the SWSP Enterprise is part of the security which the <br />Borrower shall provide to the State to ensure the repayment of the <br />loan made as a part of this contract; and <br /> <br />WHEREAS, the Hudson Water Fund Enterprise is an Enterprise <br />within the meaning of ~ 37-45.1-101 et seo" C.R.S. and Article X, <br />Section 20 of the Colorado Constitution as recognized by a <br />resolution of the Board of Trustees of the Town of Hudson dated <br />December 8. 1993 ,attached hereto as Appendix C. The purpose of <br />the Hudson Water Fund Enterprise inter alias is to continue to <br />administer the town's water utilities and to participate in the <br />Project; and <br /> <br />WHEREAS, at a regular meeting and workshop of the Colorado <br />Water Conservation Board held at Denver, Colorado on February 19, <br />1993, the Board passed a resolution which established, at the <br />request of the Borrower, a principal amount of $1,100,000, payable <br />by the Borrower at an interest rate of 2% for a period of 20 years; <br />and <br /> <br />WHEREAS, pursuant to House Bill No. 93-1273. duly enacted into <br />law in Section 1 of Chapter 254 of the 1993 Session Laws of the <br />First Regular Session of the Fifty-Ninth General Assembly of the <br />State of Colorado, the Colorado Water Conservation Board was <br />authorized to loan the cumulative sum of $7,050,000 to the cities <br /> <br />Page 2 of 12 pages <br />