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<br />. <br />00 , <br />":xl 1 <br />i~ 2 <br />',""'1 3 <br />1....) <br />c..:;. 4 <br /> 5 <br /> 6 <br /> 7 <br /> 8 <br /> 9 <br /> 10 <br /> 11 <br /> 12 <br /> 13 <br /> 14 <br /> 15 <br /> 16 <br /> 17 <br /> 18 <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> 24 <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 29 <br /> 30 <br /> 31 <br /> 32 <br /> 33 <br /> 34 <br /> 35 <br /> 36 <br /> 37 <br /> 38 <br /> 39 <br /> 40 <br /> 41 <br /> 42 <br /> 43 <br /> 44 <br /> 45 <br /> 46 <br /> 47 <br /> 48 <br /> 49 <br /> 50 <br /> 51 <br /> 52 <br /> 53 <br /> 54 <br /> 55 <br /> <br />, . <br /> <br />WHEREAS, total construction costs for the Project will exceed <br />$75,000,000; and <br /> <br />WHEREAS, the Stdte is authorized by section 37-60-119, Colorado <br />Revised Statutes, to finance the construction of water supply projects~ and <br /> <br />WHEREAS, the State is authorized by section 2 of Senate Bill 85, 1989 <br />Session of the Colorado General Assembly, to enter into this agreement to <br />provide up to $6,000,000 for the Project on a non-reimbusable basis in <br />accordance with section 109 of the authorizing legislation; and <br /> <br />WHEREAS, $6,000,000 is available in the Colorado Water Conservation <br />Board construction fund for the purposes of this agreement. <br /> <br />NOW THEREFORE, in consideration of the mutual convenants hereinafter <br />set forth, the pdrties agree as follows: <br /> <br />GENERAL DEFINITIONS <br /> <br />1. Where used in this agreement: <br /> <br />(a) "Secretary" or "United States" means the Secretary of the <br />United States Department of the Interior or his duly authorized representative. <br /> <br />(b) "Administrative costs" means those reasonable administrative <br />overhead expenses not directly identified to the construction of a specific <br />Project facility. These costs are incurred centrally and charged to the P~oject <br />on the basis of the utilization of Bureau of Reclamation employee labor charges. <br /> <br />(c) "Project" means the Closed Basin Division, of the San Luis <br />Valley Project, which "Project" consists of Stages 1-2, 3, 4, and 5. <br /> <br />AGREEMENT TERM AND SCOPE <br /> <br />2. (a) This agreement shall be valid and shall take effect upon its <br />execution and approval by the Controller of the State or such assistant as he <br />may designate. This agreement shall remain in effect until the end of the three <br />year period provided for in Article 9 herein. <br /> <br />(b) This agreement does not affect other agreements between the <br />State and the United States. <br /> <br />ENCUMBRANCE OF STATE MONIES <br /> <br />3. (a) The State hereby warrants that $6,000,000 is available in <br />the Colorado Water Conservation Soard construction fund created by section <br />37-60-121, Colorado R~vi~~d Statutes, and will be encumbered and reserved <br />exclusively for the purposes of this agreement by virtue of the State's <br />execution of this agreement. <br /> <br />2 <br /> <br />~ <br />