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VC LV IVl VJ. VVI IV11 ..?.. ........_?...??__..?.. _. .. ._. .... ... .. .. .. .. ... <br />AGREEMENT <br />This Agreement is made this ( day of M5 1993, by and between <br />Larimer County, Colorado (the County) and Platte River Power Authority (Platte <br />River). <br />A. FACTUAL BACKGROUND <br />(1) The County requires up to 100 acre-feet of water annually as <br />augmentation water for the Strang Gravel Pit, which is located west of Larimer <br />County Road #7 and one-half mile north of Colorado State Highway 468 (Harmony <br />Road), in Lorimer County, Colorado; southeast. of Sewage Treatment Plant No. 2 of <br />the City of Port Collins (the City). <br />(2) Platte River is the allottee of 160 unlts (equivalent to an average yield of <br />16,000 acre-feet of water per year) of the Windy Gap Project of the Mtu-dcipal Sub- <br />district, Northern Colorado Water Conservancy District (the Subdistrict). <br />(3) Platte River is a party to a contract entitled "Agreement for the Reuse of <br />Water for Energy Generation" (the Reuse Contract) under which Platte River is <br />obligated to deliver to the City 4,200 acre-feet of Windy Gap water each year, but <br />retains the right to reuse the return flows thereof, for as long as Platte River's <br />Rawhide Energy Station is operative. <br />(4) Platte River is a signatory of a Memorandum of Understanding among <br />Platte River, the City and Anheuser-Busch, Inc. (A,-B), which provides that each year <br />the City will deliver the 4,200 acre-feet of Windy Gap water to A-B, and after use by <br />A-B, A-B will discharge at least 778 acre-feet of consumable water through the City's <br />Sewage Treatment Plant No. 2, which shall be available for Platte River's use, so . <br />long as-AB's Port Collins brewery and Platte River's-Rawhide Energy Station are <br />operative. .. <br />NOW., THEREFORE IT IS AGREED: <br />(1) During the term of this Agreement as provided in paragraph (3), Platte <br />River will deliver, convey, and release perpetually for use by the County, per the <br />County's needs, up to 100 acre-feet of the waters annually discharged by A-13 at the <br />City's Sewage Treatment Plant No. 2 at t11e time and in the amount requested by the <br />County. As the monetary payments. provided in paragraph 2 below are made, the <br />contractual right to receive up to the total 100 acre-feet of said waters repetitively on <br />an annual basis shall be conveyed and assigned to the County. <br /> <br />(2) The County will eventually and ultimately pay a total purchase price of <br />$75,000 ($750/acre-foot for up to 100 acre-feet of annually usable water) to Platte <br />River as follows: