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<br /> <br />" ' <br /> <br /> <br />. <br /> <br />. <br /> <br />35. All Parties agree that Subdistrict may proceed <br />immediately to construct the Windy Gap Project upon filing of <br />a final Environmental Impact Statement by the Water and Power <br />Resources Service (formerly United States Bureau of Reclamation) <br />for the Windy Gap Project and after the appropriate 30 day <br />waiting period has expired, and each agrees to not request or <br />require that a draft Environmental Impact Statement simultan- <br />eously be prepared for the Azure Reservoir and Power Project <br />as each Project is a separate and distinct Project which is <br />not dependent upon any other Project for construction. The <br />Parties recognize that if Azure Reservoir and Power Project <br />cannot be built for any reason, an appropriate alternative <br />project may then be selected under the terms of this Agreement <br />and it is impossible now to determine which project, if any, <br />will be built. The Subdistrict and River District agree that <br />the Subdistrict will furnish all data and information necessary <br />to enable the appropriate federal entity to comply with NEPA <br />requirements for the Azure Reservoir and Power Project, or <br />alternative thereto, as a separate project. All environmental <br />concerns among the Parties regarding the Windy Gap Project <br />have been resolved by this Agreement regardless of whether <br />none, all or only one facility is constructed and operated. <br />36. Grand County, NWCCOG, and Subdistrict further <br />agree that this Agreement is an intergovernmental agreement <br />pursuant to Article XIV, Sec. 18 of the Colorado Constitution <br />and Sec. 29-1-201 to 203, inclusive, among all governmental <br />entities hereto and contains all standards upon which Grand <br />County will base any or all decisions for the Windy Gap <br />Project, including 1041, zoning and environmental decisions. <br />Each governmental entity, however, reserves the right to <br />contest any 1041 and zoning regulations or actions which at <br />any later time may be adopted or pursued by Grand County or <br />others if such regulations or actions would in any manner <br />affect the construction or operation of any such facility or <br /> <br />~ 0927 <br /> <br />-22- <br />