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CW 12006 <br />WATER SUPPLY CONTRACT <br />This Contract is made between the COLORADO RIVER WATER CONSERVATION <br />DISTRICT (herein the "River District "), a political subdivision of the State of Colorado acting <br />by and through its Colorado River Water Projects Enterprise, and OLDCASTLE SW GROUP, <br />INC. d/b /a UNITED COMPANIES (herein "Contractor") effective as of the date of the River <br />District's execution indicated below. <br />RECITALS <br />A. The River District is authorized to contract to deliver water for beneficial use <br />from River District water projects pursuant to provisions of C.R.S. § 37 -46 -101, et seq. (herein <br />"River District Organic Act "). <br />B. The River District is the owner and operator of the Wolford Mountain Reservoir <br />Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained <br />necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein <br />"Water Court ") and permits from governmental agencies, and the River District is entitled to <br />deliveries of water from Ruedi Reservoir under its Contracts with the U.S. Bureau of <br />Reclamation. <br />C. The River District's Board of Directors has adopted a Water Marketing Policy, as <br />revised by the Board from time to time, to provide for the use of water available from the River <br />District's sources of supply pursuant to contracts, and that Water Marketing Policy is to be <br />implemented through the River District's Water Projects Enterprise. <br />D. Contractor has a need for wholesale water supply, demonstrated in its submittal to <br />the River District pursuant to the Water Marketing Policy's contracting process, in the amount of <br />7.9 acre feet annually for municipal /industrial purposes, which beneficial uses will be <br />accomplished by Contractor generally in the vicinity of the Debeque Sand and Gravel Resource <br />in Mesa County, Colorado, by groundwater diversions from or within the Colorado River <br />drainage. <br />E. Contractor is aware of the "Hydrology Assumptions" which are part of the Water <br />Marketing Policy and is satisfied, based on its review and investigations, that Contractor legally <br />and physically can make use for its intended purposes of the Contracted Water, which are the <br />subject of this Contract and that such use will comply with the Water Marketing Policy. <br />AGREEMENT <br />The foregoing Recitals are incorporated into this agreement between the River District <br />and Contractor. <br />DEFINITIONS <br />In this Contract certain terms will have definitions as stated below: <br />