2011-10-17_HYDROLOGY - M1980136 - Laserfiche WebLink

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CW09002 WATER SUPPLY CONTRACT This Contract is made between the COLORADO RIVER WATER. CONSERVATION DISTRICT (herein the "River District"), a political subdivision of the State of Colorado acting by and through its Colorado River Water Projects Enterprise, and LAFARGE WEST, INC. (herein "Contractor") effective as of the date of the River District's execution indicated below. RECITALS A. The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 37-46 -101, et seq. (herein "River District Organic Act"). B. The River District is the owner and operator of the Wolford Mountain Reservoir Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained necessary decrees from the District Court in and for Colorado Water Division No 5 (herein "Water Court") andpennits from governmental agencies, and the River District is entitled to deliveries ofwater from Ruedi Reservoir under its Contracts with the U.S. Bureau of Reclamation, and the River District is entitled to deliveries of water from Eagle Park Reservoir and Homestake Reservoir as a shareholder in the Eagle Park Reservoir Company. C. The River District's Board of Directors has adopted a Water Marketing Policy, as revised by the Board from time to time, to provide for the use of water available from the River District's sources of supply pursuant to contracts, and that Water Marketing Policy is to be implemented through the River District's Water Projects Enterprise. • • D. Contractor has a need for wholesale water supply, demonstrated in its submittal to the River District pursuant to the Water Marketing Policy's contracting process; in the amount of 7.4 acre feet annually for municipal/industrial purposes, which beneficial uses will be accomplished by Contractor generally in the vicinity of Eagle County by ground water diversions from or within the Colorado River drainage B. Contractor is aware of the "Hydrology Assumptions" which are part of the Water Marketing Policy and is satisfied, based on its review and investigations, that Contractor legally and physically can make use for its intended purposes of the Contracted Water, which are the subject of this Contract and that such use will comply with the Water Marketing Policy AGREEMENT The foregoing Recitals are incorporated into this agreement between the River District and Contractor.