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. ti <br /> CONTRACTOR: CENTRAL COLORADO WATER Agency Name: Water Conservation Board <br /> • CONSERVANCY DISTRICT Agency Number PDA <br /> Contract No. C150105 Routing Number 03 PDA <br /> COO <br /> Contract Amount$56,700 <br /> AGRICULTURAL EMERGENCY DROUGHT CONTRACT <br /> THIS CONTRACT, made this May 1, 2003, by and between the State of Colorado for the use and <br /> benefit of the Department of Natural Resources, Colorado Water Conservation Board, ("CWCB" or <br /> "State"), and of the Central Colorado Water Conservancy District acting by and through the Ground <br /> Water Management Subdistrict("Contractor"). <br /> FACTUAL RECITALS <br /> 1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made <br /> available and a sufficient unencumbered balance thereof remains available for payment as. <br /> follows: Fund Number 424, Organization YYYY, Appropriation Code AED, GBL C105, Program <br /> WTRC, Object Code 5180, Contract Encumbrance No. C150105. <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies. <br /> 3. CWCB's authority for making this expenditure: Senate Bill 02S-001 authorizes the CWCB to <br /> make loans and grants to agricultural organizations for emergency drought-related water <br /> augmentation purposes from the CWCB Severance Tax Trust Fund Perpetual Base Account, <br /> based on recommendations from the Director of the CWCB, the State Engineer, the <br /> Commissioner of-Agriculture and the Executive Director of the Department of Natural Resources. <br /> Such loans or grants may only be made if, pursuant to state or federal law, any portion of <br /> Colorado has received emergency drought designation or a disaster emergency been proclaimed <br /> due to drought. <br /> 4. The project consists of purchasing augmentation water ("PROJECT"), described in Appendix A <br /> attached hereto, as approved by the Director of the CWCB, and the State Engineer on <br /> December 17, 2002, for which funds under this contract will be expended. <br /> NOW THEREFORE, in consideration of the mutual and dependent covenants contained <br /> herein, the parties agree as follows: <br /> A. Time of performance. The CONTRACTOR recognizes that time is of the essence in the <br /> performance of its obligations under this contract. Therefore, the CONTRACTOR shall be <br /> responsible for the completion of the PROJECT within 12 months of the effective date of this <br /> contract. <br /> B. Disbursement of funds. The CWCB shall disburse funds to the CONTRACTOR to pay for the <br /> costs associated with the PROJECT in the following manner: <br /> a. Request for funds for augmentation water transaction. For reimbursement of costs of <br /> purchasing augmentation water, the CONTRACTOR shall provide the CWCB with a letter <br /> stating the total amount of the reimbursement and the terms of the transaction(s), including, <br /> but not limited to, the identification of the party from whom the CONTRACTOR purchased the <br /> augmentation water, the cost of the transaction and the closing date of the transaction. <br /> b. Payment of requests for funds. Upon receipt and approval by the CWCB of each such <br /> request for funds, the CWCB will, within 30 days from the approval of such statement, pay <br /> to the CONTRACTOR the amount of the statement or such portion thereof as has been <br /> approved by the CWCB. <br /> C. Return of Unused Funds. Any funds disbursed but not expended for the PROJECT in <br /> • accordance with the terms of this Contract shall be remitted to the CWCB within 30 days of either <br /> (1) completion of the PROJECT, or (2) upon termination of this Contract by the CWCB in <br /> Page 1 of 4 <br />