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BORROWER: U.S. DEPARTMENT OF ENERGY Agency Name: Colorado Water Conservation <br />WESTERN AREA POWER ADMINISTRATION Board <br />Contract No. C150064 Agency Number PDA <br />Loan Amount $5,500,000 Routing Number 03 PDA 00 � <br />LOAN CONTRACT <br />THIS CONTRACT made this 27�' day of September 2002 by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB" and/or the " STATE "), and the U.S. Department of Energy <br />Western Area Power Administration, a Federal agency, P.O. Box 11606, Salt Lake City, UT <br />84147-1534 (" BORROWER " and/or " CONTRACTOR "). <br />FACTUAL RECITALS <br />Authority exists in the law, and funds have been budgeted, appropriated and otherwise <br />made available and a sufficient unencumbered balance thereof remains available for <br />payment as follows: Fund Number 489, Organization YYYY, Appropriation Code 010, <br />GBL W064, Program WTRC, Object Code 5570, Reporting Category 0064, Contract <br />Encumbrance No. C150064. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. CWCB's authority for making this loan: Colorado River Recoverv Loan Account. <br />Pursuant to the provisions of section 37-60-122.9, C.R.S. (2001), the CWCB is authorized <br />to make loans to the Colorado River and San Juan River Recovery Programs for the <br />construction or improvement of certain water related projects in Colorado under <br />agreements with power users of the Federal Colorado River Storage Project, required to <br />recover the four endangered fish species of the upper Colorado River, including the San <br />Juan River. <br />4. The Borrower applied for a loan to cover costs of capital projects of the Upper Colorado <br />and San Juan River Basins Recovery Implementation Program under Public Law No. <br />106-392, including planning, design, permitting or other compliance, pre-construction <br />activities, construction, construction management, and replacement of facilities, and the <br />acquisition of interests in land or water, as necessary to carry out the Recovery <br />Implementation Programs (" PROJECT "). <br />5. At its January 2001 meeting, the CWCB approved a loan to the BoRROwER in an amount <br />up to five million five hundred thousand dollars ($5,500,000) at an interest rate of four and <br />one-half percent (4.5%) per annum for a repayment term of thirty (30) years, which <br />repayment term shall commence in 2012. <br />6. Pursuant to S.B. 01-157, Section 20, the Colorado General Assembly authorized CWCB <br />t0 IOall t0 th2 BORROWER atl a17tOU11t Up t0 $5,500,000 ("AUTHORIZED LOAN AMOUNT" for <br />the PROJECT <br />7. Section 3(c)(3) of Public Law No. 106-392,114 Stat.1604 (1999) authorizes the <br />BORROWER t0 accept this loan from the CWCB and to repay this loan from power <br />Page 1 of 8 Loan Contract <br />