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CW07005 <br />WATER SUPPLY CONTRACT <br />This Contract is made between the COLORADO RIVER WATER CONSERVATION <br />DISTRICT (herein the "River District"), apolitical subdivision of the State of Colorado acting by <br />and through its Colorado River Water Projects Enterprise, and LOCH-N-VALE, LLC (herein <br />"Contractor") effective as of thi, date of the River District's execution hereof indicated below. <br />RECITALS <br />A. The River Distri;t is authorized to contract to deliver water for beneficial use from <br />River District water projects pursuant to provisions of C.R.S. § 37-46-101, et secy. (herein "River <br />District Organic Act"). <br />B. The River District is the owner and operator of the Wolford Mountain Reservoir <br />Project located. onthe Muddy Cr-,ek drainage near Kremmling, Colorado, having obtained necessary <br />decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court") <br />and permits from governmenta. agencies; and the River District is entitled to deliveries of water <br />from. Ruedi Reservoir under its Contracts with the U.S. Bureau of Reclamation. <br />C. The River Distri et'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 souxces 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 s need for wholesale water supply, demonstrated in its submittal to <br />the River District pursuant to tl to Water Marketing Policy's contracting, process, in the amount of <br />5.0 acre feet arulually for munic: pal/industrial purposes, which beneficial uses will be accomplished <br />by Contractor generally in the -iieinity of Parshall, Colorado, by surface water diversions from or <br />within the Colorado River drainage. <br />E. Contractor is aware of the "Hydrology Assumptions" which are part of the Water <br />Marketing Policy and is satisfieI, based on its review and investigations, that Contractor legally and <br />physically can make use for its intended purposes of the Contracted Water, which are the subject <br />of this Contract and that such use will comply with the Policy. <br />AGREEMENT <br />The foregoing Recitals ire incorporated into this agreement between the River District and <br />Contractor, <br />DEFINITIONS <br />In this Contract certain terms will have definitions as stated below: