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HomeMy WebLinkAboutC04-178 Upper Eagle Regional Water AuthorityC, c ~.- t `1 ~--j o WATER SUPPLY AGREEMENT This Agreement is made this ls` day of June 2004 by and between the Upper Eagle Regional Water Authority ("Authority") and the County of Eagle, Colorado, acting by and through its Board of County Commissioners ("County"). RECITALS A. The County is constructing a pond at its Berry Creekf Miller Ranch Project development that will be used for raw water irrigation within the Berry Creek/Miller Ranch Planned Unit Development ("PUD"), the final plat for which is recorded at Reception No. 799649 in the Eagle County Records. The County is a party together with the Authority, the Eagle County School District RE-SOJ and the Edwards Metropolitan District to a Water Rights Agreement dated September 16, 2003 providing for the supply of potable water for development in the PUD. B. The Authority controls groundwater rights that are available for irrigation and other uses within the PUD and has an existing well and delivery facilities located adjacent to the PUD property and pond site. C. The County intends to provide the primary raw water irrigation supply for the pond pursuant to water rights appropriated and held by the County, as described in the County's pending Application in Case No. 03CW297 District Court for Colorado Water Division No. 5. The County desires to obtain a supplemental irrigation supply from the Authority to use in addition to its primary supply. The Authority is willing to sell raw water to the County for that purpose as provided in this Agreement. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing Recitals and the consideration stated herein, the Parties agree as follows: Water Deliveries. The Authority shall deliver water from its well and groundwater rights to the County from its main line at a point located approximately as described on Exhibit A attached hereto and incorporated herein. A. The maximum rate of delivery shall be 50 gallons per minute. B. The maximum delivery in any calendar year shall be 5 acre feet. C. The County shall give the Authority 24-hour advance notice of the need for water delivery and of the amount of delivery to be made in total gallons. -1- D. The County shall install, maintain and operate, at is sole expense, a tap connection to the Authority's line and a totalizing flow meter on the discharge to the pond, subject to the Authority's inspection and approval thereof. E. The deliveries to the County may be interrupted or suspended by the Authority if the source of supply is needed to meet the needs of the Authority's municipal use customers. F. The Authority makes no warranty concerning, and shall have no liability to the County or any third party regarding, the quality of the water delivered under the agreement. G. The water delivered to the County will be used for irrigation within the PUD. 2. Pa. my ents. Authority will bill the County for raw water delivered hereunder at a rate of $0.95 per 1,000 gallons delivered, and the County shall pay the same to Eagle River Water and Sanitation District, acting as the Authority's agent and manager, within 30-days of receipt of written invoice. A. The County's failure to timely pay any invoice may result in termination by the Authority of future deliveries. B. The County's obligation to pay for water deliveries hereunder shall, however, be subject to the budgeting and appropriation of funds therefore by the County in accordance with Colorado law. C. The rate charged by the Authority to the County for water deliveries hereunder may be adjusted by the Authority by the increases in its Raw Water Use Fee and Water Rights Use Fee, which currently are $0.68 and $0.27 per 1,000 gallons, respectively. The Authority shall notify the County in writing of any such increase. Additional Provisions. A. Neither Party hereby waives any immunities or defenses provided to it by the Colorado Governmental Immunity Act, C.R.S. ยง 24-10.101, et seq. or other statutes or common law. B. All notices, requests and other communications pertaining to or required by this Agreement shall be transmitted in writing and shall be deemed given when received by their Parties at their addresses provided below or at any subsequent address provided by that Party in writing: -2- NOTICE TO AUTHORITY: Linn Schorr Eagle River Water and Sanitation District 846 Forest Road Vail, Colorado 81657 Telephone: (970) 476-7480 NOTICE TO COUNTY: Rich Cunningham Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 Telephone: (970) 328-8881 3. The term of this Agreement shall be for 10 years from the date hereof subject to renewal and extension by mutual agreement of the Parties. On each annual anniversary date of this Agreement, the Authority may terminate this Agreement if it determines that the current and anticipated needs in the next year of its municipal use customers require the full availability of the source of supply; and on each such date the County may terminate this Agreement if it determines not to budget funds for payment hereunder. The Authority or County shall give the other Party written notice of any such termination 30 days before such anniversary date. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the day and year first above written. EAGLE COUNTY by and through its Board of County Commissioners By To Stone, hairman UPPER EAGLE REGIONAL WATER AUTHORITY ..-- By~'~~- ~ Dennis Gelvin, General Manager -3-