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Home My WebLink AboutC05-101 Colorado River Water Conservation District {;o5-- /DJ -l 0 CW04024-A&B 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 BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY, COLORADO (herein "Contractor") effective as of the date of the River District's execution hereof 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 ofC.R.S. 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") and permits from governmental agencies, and the River District is entitled to deliveries of water 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. Pursuant to an Agreement executed by the River District and Contractor on November 9,2004 (the" Agreement") attached hereto as Exhibit A, the River District shall issue a Water Supply Contract to Contractor for no more than the equivalent supply existing at the time of request represented by the 240 shares of Class A, Series 2 Common Stock in the Eagle Park Reservoir Company, assigned by Contractor to the River District by the Agreement. D. The River District's Board of Directors has adopted a Water Marketing Policy, as revised on July 21,2004, 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. E. Contractor has a need for wholesale water supply, demonstrated in its submittals to the River District pursuant to the Water Marketing Policy's contracting process, in the amount of 46 acre feet of Colorado River supply and 24 acre feet of Eagle River supply annually for municipal/industrial purposes, which beneficial uses will be accomplished by Contractor generally in the vicinity of Eagle County, by surface water diversion from or within the Eagle River drainage tributary to the Colorado River. F. Contractor has reviewed the Water Marketing policy .and is aM-;are ,ofthe\~H,.{jt010 gy Assumptions" which are part ofthatpbHty 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 SUPPLY CONTRACT C\V04024-A&B Page 2 of 10 Water which is the subject of this Contract and that such use will comply with the Water Marketing Policy and the Project's permits and decrees. DEFINITIONS In this Contract certain terms will have definitions as stated below: . The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Organic Act defined in Recital A and acting by and through its Colorado River Water Projects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation District's Board of Directors dated January 17, 2001. . The "Projects" means: (a) The River District's "Colorado River Supply" from (1) Wolford Mountain Reservoir, for which storage water right decrees were obtained by the River District in Cases No. 87CW283, 95CW281 and 98CW237 District Court for Colorado Water Division No.5, and for which additional storage water right decrees may be obtained in the future by the River District in other cases; and (2) the River District's contractual right to water deliveries from Ruedi Reservoir; and (b) The River District's "Eagle River Supply" from Eagle Park Reservoir or Homestake Reservoir and other supplies available to the River District as a shareholder in the Eagle Park Reservoir Company and pursuant to the Agreement referenced in Paragraph C. . "Agricultural" means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any right decreed for irrigation purposes, which uses are made on a parcel of land of at least ten acres. . "Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi-public districts, private corporations, homeowners associations, or other entities for domestic, municipal, and miscellaneous related purposes as those terms are traditionally and commonly construed, including the use of water for purposes of producing or processing a non-agricultural product or service for sale, including without limitations, such uses as manufacturing, mining, milling, land reclamation, golf course irrigation, snowmaking, and non-hydroelectric power generation; and including the use of water for environmental mitigation purposes associated with such uses; but excepting the agricultural use of water defined herein. WATER SUPPL Y CONTRACT CW04024-A&B Page 3 of 10 . "Contracted Water" means the water which is the subject of this Contract which is to be released and delivered by the River District and used by Contractor. The Contracted Water is 46 acre feet of Colorado River Supply and 24 acre feet of Eagle River Supply available during each Project Year during the term of this Contract, subject to the provisions hereof, for Contractor's use without right of carryover of any amount not used in any Project Year. . "Project Year" means a period of time from July 1 through and including the subsequent June 30. . "Water Marketing Policy" means the River District's policy statement as revised and readopted July 21, 2004, and as the same may be amended in the future. . "Project Hydrology Assumptions" or "Hydrology Assumptions"means the document attached as Appendix "A" to the Water Marketing Policy adopted on December 1, 1995, and the letter by Resource Engineering, Inc. titled "Eagle River Instream Flow Analysis" dated July 13, 1998 which was presented to the River District's Board of Directors on July 22, 1998. AGREEMENTS The foregoing Recitals and Definitions are incorporated herein as agreements between the River District and Contractor. 1. River District Water Delivery Obligations and Responsibilities. a. Delivery. The River District will deliver the Contracted Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise agreed to by the River District's General Manager based upon written request of Contractor, the River District will make releases for Contractor, based upon Contractor's written schedule of anticipated demand, adjusted as necessary by the ongoing status of river administration vis-a-vis the priority status of Contractor's diversions, provided that the releases can be made within the operational limitations of the River District's project facilities as determined by the River District in its sole discretion. Contractor shall be solely responsible after delivery for the legal and physical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's delivery of Contracted Water shall be subject to Contractor's payments pursuant to paragraph 3 below and the provisions for curtailment of deliveries in paragraph 5 below. WATER SUPPL Y CONTRACT CW04024-A&B Page 4 of 10 c. Water Measurements. The River District shall measure at the outlet works of the Contracted Water's sources of supply all Contracted Water delivered from the account of Contractor and shall notify the Division Engineer of Colorado Water Division No.5 of the date, time and amount of Contracted Water released and delivered pursuant to this Contract. Copies of such records shall be provided to Contractor upon its request therefor. d. Water Quality. The River District shall have no obligation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water delivered pursuant to this Contract by releases of raw water to natural streams. e. Maintenance of Facilities. The River District shall use its best efforts to maintain in good working condition the water storage and release facilities of the Contracted Water. f. Withholding of Delivery. The River District may withhold deliveries of Contracted Water in the event of Contractor's nonpayment for Contracted Water or any other breach ofthis Contract by Contractor. Such remedy shall not be the River District's exclusive remedy in the event of any such breach. g. Delivery from Primary or Alternate Sources. The River District will deliver the Contracted Water from the sources of Colorado River and/or Eagle River Supply described herein which will meet the Contractor's need to satisfy calls by senior water rights or the Contractor's physical need for any direct delivery of Contracted Water to Contractor's diversions. Subject to meeting those objectives, the River District reserves the right to provide all or any of the Contracted Water to Contractor from alternate reservoirs for Contractor's use, provided that the alternate sources are suitable to physically satisfy calls by senior water rights or Contractor's need for direct delivery. Any releases from alternate facilities shall not diminish the supply of Contracted Water. 2. Contractor's Water Use Obligations and Responsibilities. a. Scheduling of Use. Contractor has provided the River District a preliminary written schedule of its anticipated monthly demands for Contracted Water during the current Project Year. The schedule provided by Contractor in its application for this Contract shall serve as the schedule to be used until it is modified in a written notice given by Contractor to the River District on or before June 15t annually, or as necessary in response to river administration ofthe Contractor's diversions. The schedule shall identify the volume of any Contracted Water anticipated by Contractor not to be needed by it during any particular Project Year. Contractor shall update said WATER SUPPLY CONTRACT CW04024-A&B Page 5 of 10 schedule periodically during the Project Year as conditions require and give the River District written notice of all such revisions. b. Carriage Losses. Contractor shall bear carriage losses in such amount as is determined by the Division Engineer for Colorado Water Division No.5, from the point of delivery of Contracted Water to Contractor's point( s) of use and/or exchange or augmentation. c. Use Per Contract and Law. Contractor's use of Contracted Water shall in all instances be in accordance with the terms of this Contract and the Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. Contractor is not authorized to apply for or secure any change in the water rights for or associated with any of the sources of supply of the Contracted Water. d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for augmentation or exchange and/or secure administrative approvals of any temporary substitute supply plans which are needed for Contractor to use its Contracted Water. Any such plans shall identify the River District's Eagle River Supply, Wolford Mountain Reservoir, and Ruedi Reservoir as the sources of supply. If necessary, Contractor shall amend the application to identify all of the River District's sources of supply. If Contractor intends to make any such applications for any augmentation or exchange plane s) or substitute supplyplan(s), Contractor shall submit the proposed application to the River District within a reasonable time before Contractor proposes to file such application. The River District shall review for written approval such applications before they are submitted or filed, and the River District's approval shall not be unreasonably withheld. The River District may in its discretion become a co- applicant in the prosecution of any such applications for the purpose of protecting its water rights and related policies. Contractor shall cause to be included in any final decree of the Water Court a provision conditioning Contractor's use of the Contracted Water on the existence of a River District contract. e. Limitation on Disposition. Except as otherwise provided in the Agreement, Contractor shall not sublet, sell, donate, loan, assign or otherwise dispose of any of its rights to this Contract or to Contracted Water without written notice to and the prior written approval of the River District and the payment of a transfer fee at the prevailing rate set forth in the Water Marketing Policy. The River District's approval of such disposition shall be granted in all instances in which the Contractor is transferring the water system which supplies the Contracted Water, or a permanent transfer of the Contract is to be made to a successor in interest of Contractor by reason of the transfer of the title or other legal right to use the property served by the Contracted Water, or where the transfer is made to an entity such as a homeowners' WATER SUPPLY CONTRACT CW04024-A&B Page 6 of 10 association or special district created to serve the property originally represented to the River District to be served with the Contracted Water. f. Contractor's Water Rates. Contractor may charge its water customers who are supplied with Contracted Water such rates and charges as are permitted by Colorado law. g. Nondiscrimination. Contractor shall not discriminate in the availability of or charges for any water service or water supply made available pursuant to or based upon the Contracted Water on account of race, color, religion, or national origin or any other criteria prohibited under state or federal law. h. Accounting of Use. Contractor shall maintain an accounting of its use of all water used or supplied by Contractor on form(s) acceptable to the River District specifically for the purpose of enabling the River District to prove the use of River District Project water rights and to administer and operate the Project and water right decrees and/or administrative approvals related to Contractor's use of Contracted Water. Contractor shall submit its accounting forms and records to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting and/or verifying such evidence of use in court or before administrative agencies by testimony of Contractor or its authorized and infoffiled officers or agents. 1. Contractor shall consult with the Army Corp of Engineers to ensure compliance with Section 404 of the Clean Water Act as the result of the construction of any facilities necessary to use the Contracted Water. 3. Contractor's Payments. a. In addition to the application fee already paid by Contractor, in order for the River District's delivery obligation to become effective on July 1, 2005, Contractor shall pay to the River District on the execution of this Contract the total sum of$4,674.00, being $75.00 for each acre foot of46 acre feet of interim Colorado River Supply and $51.00 as annual Project operation and maintenance ("O&M") for each acre foot of 24 acre feet of Eagle River Supply (the Contracted Water), for the Project Year (July 2005 through June 2006). Thereafter, on or before April 15t of each year Contractor shall pay to the River District that amount, or the adjusted amount as provided below, for the next upcoming Project Year. b. The base price of$75.00 per acre foot of Colorado River Supply Contracted Water includes an amount charged for Project O&M in the amount of$25.00 for Colorado River Supply. The total price of $51.00 per acre foot of Eagle River supply is the amount charged for project O&M for Eagle River supply. Contractors has an obligation to pay only O&M for Eagle River supply, pursuant to Paragraph 3.(c)(2) WATER SUPPLY CONTRACT CW04024-A&B Page 7 of 10 of the Agreement. On April 1, 2008, and every five years thereafter those O&M charges shall be adjusted based on the cumulative change in the Boulder-Denver Metro Area Consumer Price Index ("All Items") and Contractor's subsequent annual payments for Contracted Water shall be adjusted accordingly. 4. Contract Term. The term of this Contract shall be for a period of three (3) Project Years, commencing July 1,2005, unless previously terminated as provided in paragraph 6 below. 5. Water Shortage. In the event that the River District is unable, because of either legal or physical reasons, to deliver any or all ofthe full amount of water contracted from the Project, including the Contracted Water, the River District reserves the right to apportion the Project's available water among its several contractors, including Contractor, in the manner provided in Section 6 of the Water Marketing Policy. 6. Contract Termination. a. Termination by River District. I 1. The River District may terminate this Contract for any violation or breach of the terms ofthis Contract by Contractor, including Contractor's failure to pay timely any sum or amount due under this Contract within thirty (30) days after receiving written notice from the River District of such breach. 11. The River District also may terminate this Contract if, in its discretion any judicial or administrative proceedings initiated by Contractor as contemplated in subparagraph 2.d above, threaten the River District's authority to contract for delivery of Project Water or the River District's water rights, permits, or other interests associated with the Project. Ill. The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modification of permits, decrees or other authorizations which are needed to deliver the Contracted Water. IV. Upon termination or non-renewal of this Contract, the 24 acre feet of Eagle River supply again shall remain subject the provisions of the Agreement if the Agreement has not been terminated. If the Agreement has been terminated, the River District will reassign the shares representing the 24 acre feet of Eagle River supply to Contractor at no cost, except Contractor or its assignee(s) shall pay for stock assignment and certificate issuance fees charged by the Eagle Park Reservoir Company. WATER SUPPLY CONTRACT CW04024-A&B Page 8 of 10 b. Termination by Contractor: Contractor may terminate this Contract in its entirety for any reason by giving the River District at least thirty (30) days advance notice prior to the due date of Contractor's next annual payment. c. Notice of Termination to Affected Officials. The River District will notify the Division Engineer and any other appropriate governmental officials of any Contract termination. 7. MiscellaneouslS tandard Provisions. a. Notices. 1. All notices required or appropriate under or pursuant to this Contract shall be given in writing mailed or delivered to the parties at the following addresses: River District: Colorado River Water Conservation District P. O. Box 1120 201 Centennial Street, Suite 200 Glenwood Springs, Colorado 81602 Attention: Secretary I General Manager Phone: (970) 945-8522 Fax: (970) 945-8799 Contractor: Board of County Commissioners Eagle County clo Diane H. Mauriello, County Attorney P. O. Box 850 Eagle, CO 81631 Phone: (970) 328-8691 Fax: (970) 328-8699 with copy to: David C. Hallford, Esq. Balcomb & Green, P.C. P. O. Drawer 790 Glenwood Springs, CO 81602 Phone: (970) 945-6546 Fax: (970) 945-8902 WATER SUPPLY CONTRACT CW04024-A&B Page 9 of 10 ll. Either party may, by written notice given in accordance with this provision, change the address to which notices to it shall be mailed or delivered. b. Amendments. No amendment, modification, or novation of this contract or its provisions and implementation shall be effective unless documented in writing which is approved and executed by both parties with the same formality as they have approved and executed this Contract. COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water DATE: By: ATTEST: Richard Eric Kuhn, Secretary BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY, COLORADO By: WATER SUPPLY CONTRACT CW04024-A&B Page 100fl0 VERIFICATION STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Water Supply Contract was subscribed and sworn to before me by Stephen M. Mathis as President of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this /lfl:Uay 2005. ~ f>..~ '!..~ l.J 1:1'( Witness my hand and official seal. My Commission Expires: 0.... .....'" . . . lORRA ~ ~ NICHOLS: . . . .~. . . A:f. it. .- STATE OF COLORADO ) ~'o;;co~~ ) ss. My CommiS31on Ex~res 07111/2007 COUNTY OF GARFIELD ) Witness my hand and official seal. My Commission Expires: STATE OF COLORADO ) COUNTY OF ~ ss. I,~ Expires 0711112007 The foregoing Water Supply Contract was subscribed and sworn to before me by Am M. Menconi, Chairman, and Teak Simonton, County Clerk ~e.(1alf of the Board of County Commissioners, Eagle County, Colorado, this -fli day of (tJ., ,2005. Witness my hand and official seal. My com~~ ~J: I'f,., 06 Notary Public ~ (!"oJf-- E(pO#1O Exhibit A AGREEMENT to CW04024 This Agreement is made effective as of the q-/k day of. NfJ/. 2004, by and between the County of Eagle, Colorado, a political subdivision of the State of Colorado acting by and through its Board of County Commissioners ("County") and the Colorado River Water Conservation District, a political subdivision of the State of Colorado acting by and through its Colorado River Water Projects Enterprise ("River District"). REelT ALS A. The River District is a shareholder in the Eagle Park Reservoir Company ("Company"), a nonprofit ditch and reservoir company created and existing under Colorado law. B. The County also is a shareholder in the Company, having purchased and currently holding 240 shares of Class A-Series 2 common stock (the "Subject Shares"). C. The County has no immediate need for use ofthe water attributable to its Company stock, but anticipates such needs in the future. The River District has an ongoing water marketing program regarding water availablefi:om the Company and other sources of supply owned or controlled by the River District. D. The County may act as a permitting authority in the future in review of projects proposed by the Company. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing Recitals and the agreements made herein, the Parties agree as follows: 1. Assignment of Shares. Within 30 days of execution of this Agreement by the Parties, the County will execute an assignment transferring the ownership of the Subject Shares to the River District. Such assignment shall be made in consideration ofthis Agreement and the terms and conditions provided herein and not for any financial consideration paid by the River District to the County. Upon receipt of such assignment, the River District shall request and cause a new stock certificate to be issueu. by the Company reflecting the River District's ownership of the Subject Shares. The County will reimburse the River District for any stock assignment and certificate issuance fees charged by the Company. 2. Assessments. After the River District has obtained the new stock certificate, the County shall reimburse the River District within 30 days of written invoice by the River District to the County for future assessments made by the Company on the Subject Shares. The County's obligation under this Agreement to pay the River District such assessments shall terminate and not apply to any of suc!1 shares that have been reassigned to the County or its assignees or for which River District contracts have been issued to the County or its assignees pursuant to paragraph 3 below. -1- Eagle County/Colorado River District Agreement 3. County's Use of Shares. The County may access and use the water supply available pursuant to the Subject Shares as provided below. A. Equivalent Supply and Increases or Decreases Thereof The Subject Shares represent yield from the Eagle Park Reservoir Project in the amount of one acre foot of water yield per ten shares of stock (or 0.1 acre foot of water yield for each share of stock). Thus, the current amount of ''Equivalent Supply" represented by the Subject Shares is 24 acre feet deliverable armually. The Equivalent Supply, i.e. the annual yield value of the Subject Shares, shall be increased to account for any increases in the yield of the Subject Shares attributable to Company agreements, efforts or benefits that are funded by the share assessments paid by the County hereunder. The Equivalent Supply, i.e. the annual yield value of the Subject Shares, shall be decreased to account for any decrease in yield of the Subject Shares attributable to factors beyond the control of the River District B. Reassignment of Shares. 1. The County shall have the right to require the reassignment by the Rive.r District to the County or its assignee(s) of all or a portion of the Subject Shares. Such reassignment(s) shall be'made upon written notice by the County to the River District specifYing the number of shares or fractions thereof to be reassigned. The assignment of fractions of shares shall be subject to any Company articles or bylaw provisions regarding such fractionalization. The River District shall have no obligation to reassign shares that it has under contract pursuant to subparagraphs 5 A. and B. below until such time as the contracts expire. 2. The County or its assignees shall pay the River District $500.00 for processing each reassignment and the County will pay for the stock \. assignment and certificate issuance fees charged by the Company. C. Equivalent River District Water Supplv Contracts. The County may request and the River District shall issue Water SupplyContract(s) to the County or to its assignees for use in Eagle County by the delivery of either the River District's "Colorado River Supply" and/or "Eagle River Supply," as the same are currently described in the River District's Water Marketing Policy (revision date April 21, 2004) or as it may be described in the future. 1. The limit on the amount of water supply armually available under all of such contracts shall be the "Equivalent Supply" as defined in subparagraph 3. A. above, less the amount of such Equivalent Supply represented by the Subj ect Shares reassigned to the County by the River District pursuant to subparagraph 3. B above, subject to the provisions of the River District's -2- Eagle County/Colorado River District Agreement Water Marketing Policy concerning the availability of contracted water supplies. 2. The County or its assignee(s) shall not be required to pay any fees or charges for such contract water supply except for standard contract application fees and annual operation and maintenance charges uniformly assessed to all River District contractees. 3. As this alternative is i~plemented, the shares of stock or fractions thereof derived from the Subject Shares that are equivalent to the amounts of contracted supply shall be owned by the River District free and clear from any other terms and agreements set forth herein; Provided, however, that any such water supply contracts shall contain a provision acceptable in form to both the River District and the County that upon the termination and/or non- renewal of the contract, the shares of stock representing the Equivalent Supply of contracted supply shall again become subject to the provisions of this Agreement if it has not terminated pursuant to paragraph 6 below, or if this Agreement has terminated at that time, that such shares shall be reassigned by the River District to the County at no cost, except that the County or its assignee(s) who hold such contracts shall pay for stock assignment and certificate issuance fees charged by the Company. D. Application to Converted Shares and Interests. The County's rights of reassignment and contract issuance shall apply to the Equivalent Supply of any stock or other interest that the River District is issued or receives by cancellation or conversion of the Subject Shares in any corporate reorganization, dissolution or other transaction affecting the Company and/or its stock classes and series. 4. Preservation of Shares. During the term ofthis Agreement, the River District shall not sell, assign, mortgage, pledge, or otherwise dispose of or specifically encumber its ownership interest in its shares of stock issued to it pursuant to the County's assignment and the implementation of this Agreement except as provided in paragraph 5 below. 5. River Disbict's Use of Shares. A. The River District may use the water supply represented by the Subject Shares that have not been reassigned to the County in its water supply program, subject to the County's rights hereunder to obtain reassignment of shares and contracted water supplies. The River District shall pay the assessments on those specific Subject Shares that are contracted for use by others than the County or are otherwise used for River District purposes during that Project Year ( July through June) in a maImer that does not provide a specific or generalized benefit to the County. -3- Eagle County/Colorado River District Agreement B. The River District shall notify the County annually, on or before March 1 of each year, regarding what amount of Equivalent Supply it desires to have available for use in its program in its upcoming Project Year (July through June). The County shall notify the River District within 60 days of receipt of such notice whether it may require reassigrunent of shares and/or contracts for use of any such Equivalent Supply during that upcoming Project Year. The River District shall not commit that it will provide to third parties the amount of such Equivalent Supply which the County so notifies the River District that it may require for such use. 6. Term. The term of this Agreement shall be 75 years or such earlier date upon which the County has obtained reassigrunent of all shares of stock that are subject to this Agreement as provided herein. Starting on the first amuversary date of this Agreement and on each subsequent annual anniversary thereafter, unless written notice to the contrary is provided by either the River District or the County to the other Party prior to the annual anniversary date, this Agreement shall automatically be renewed for an additional one-year tenn. After notice has been sent by either Party objecting to anyone-year term renewal, this provision shall not effectuate an automatic one-year term renewal in any subsequent year. 7. Miscellaneous Provisions. A. Notices. All notices, requests, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the Parties at their addresses stated below or at any subsequent addresses provided to the other Party in writing: NOTICE TO EAGLE COVNTY: County Attorney Eagle County Attorney's Office P.O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8691 NOTICE TO RrvER DISTRICT: General Manager Colorado River Water Conservation District 201 Centennial St., Suite 200 P.O. Box 1120 Glenwood Springs, CO 81602 Telephone: (970) 945-8522 B. Assignments. The Parties shall not assign their rights or delegate their duties under this Agreement without the consent ofthe other Party, except that the County may assign its rights and delegate its duties in whole or in part to a water supply enterprise established by the County under Colorado law upon providing notice to the River District of any such assignment and delegation. -4- Eagle County/Colorado River District Agreement C. Amendments. This Agreement may be amended by the Parties only in writing and in a form executed in the same manner as this Agreement. D. Authorizations. Each person executing this Agreement represents and warrants that they have been duly authorized by their P arty to execute this Agreement and that they have the authority to bind that Party to the terms and conditions hereof. E. Appropriations. The Parties' financial obligations under this Agreement shall be subject to their annual budgeting and appropriation offunds for such purposes under Colorado law. F. Integrated Agreement. This Agreement constitutes the entire, integrated agreement between the Parties regarding the subject of this Agreement, and all prior negotiations, communications, and understandings regarding this subject matter are merged herein. IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate originals. EAGLE COUNTY, acting by and through its Board of County Commissioners By ~ - Dated:_ ( l /f(6 ~ - Tom Stone, ChaIrman COLORADO RIVER WATER CONSER V A TION DISTRlCT acting by and through its Colorado River ~~~~ts Enterprise. . ! 1f/l f 1 t tii l i) /2- ,joy i~Y\' . / ~:/V . IV f -~- Dated: tephen M. Mathis, President . ATTEST: By \Q.JL l~L - R. Eric Kuhn, Secretary -5- Eagle County/Colorado River District Agreement ** FOR HANDCHECKS ONLY ** OFFICIAL Accounting Use Only PAYABLE TO: VENDOR'S ii ifMi NUMBER EAGLE COUNTY (VENDOR) VOUCHER 1-95 PURCHASE ORDER NUMBER ITJTII[IJ BUDGET ACCOUNT NUMBER VENDOR'S Commodity Code Description Fund Department Line Item Project Location INVOICE NO. $ AMOUNT ~! / 4 ~ .r) li{ ItPPiiL.,\{rc)/1 I lii (/ r:!(~~fi .~!! .i!! it! (1 if ~ It) i Itf( ;a(~ WIi :2 .c;; /) J-:) / ..! /.f 0 1/) ) ~ ( /'"" / ./ ( REVIEWS AND APPROVALS \ TOTAL CIJIIJJJ {,:..:...,." "" C' {." Department Head Approval 2)/..ldJ~ ,;../ /<, /1,7 / Financial Management Guide Limits <777' / /- Approved for Payment By Order of the Board of County Commissioners. f,fr1ance Director or County Manager Date I ',counting D'pa"m,n, Review / / II CI..k & Reconl.. .P....., U ~pu~ I White Accounting Yellow - Department MUST USE SEPARATE VOUCHER FOR EACH PURCHASE ORDER ** FOR HANDCHECKS ONLY ** OFFICIAL Accounting Use Only PAYABLE TO: VENDOR'S )) NUMBER EAGLE COUNTY (VENDOR) VOUCHER 1-95 PURCHASE ORDER NUMBER CIJI[L[I] BUDGET ACCOUNT NUMBER VENDOR'S Commodltlt Code DescrlDtion Fund Department Line Item Project Location INVOICE NO. S AMOUNT :;/ii6~/,i/' i) i,.{ iirv2:0 i ; ~ :ld it/vi I I> () lilli'l iiii if'i,', it {,1 '5 S ~C, (II i::,1 /%$ .~~ 'C < t. 'I) /1' i if i{ J n /, f'W C' 1/ I" / i( (;: ::f LI. t. (i REVIEWS AND APPROVALS I TOTAL ~ I Dopartment Head .pp",va~'AU tl Llt()A1tJl etw $-2 l S I t/> ~' '-l I L) ( 3 I i i /' /7' Financial Management Guide Limits ';"~~>/1'~ / I 1- Approved for Payment By Order of the Board of County Commissioners. /' FinalJc;e Director or County Manager Date I '""ountlng Department Revtew I I-I o Deputy Clerk & Recorder Approval White - Accounting Yellow - Department MUST USE SEPARATE VOUCHER FOR EACH PURCHASE ORDER EAGLE COUNTY GOVERNMENT P.O. Box 850 Eagle, CO 81631 .---- 2005-06 3-24-05 $4,674.00 2004-05 PY Application 279012 3-24-05 TOTAL AMOUNT PAID 4 674.00 ._~_.",. PLEASE DETACH AND RETAIN FOR YOUR RECORDS BY ORDER OF THE BOARD OF EAGLE COUNTY - BOARD OF COMMISSIONERS COUNTY COMMISSIONERS PAYABLE THROUGH WELLS FARGO BANK, EAGLE, COLORADO 81631 THIS WARRANT IS VOID IF NOT PRESENTED FOR PAYMENT WITHIN 60 DAYS TREASURER OF } EAGLE SAID COUNTY COUNTY 12 FUNDS WARRANT NUMBER WARRANT DATE March 24, 2005 PAY *FOUR THOUSAND SIX HUNDRED SEVENTY FOUR AND 00/100 DOLLARS* ~ AMOUNT ~4,674.00 EAGLE COUNTY GOVERNMENT P.O. Box 850 Eagle, CO 81631 " ---"""-"--""- 2004-05 3-24-05 $1,224.00 2004-05 PY Application 10906 279013 3-24-05 TOTAL 00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS BY ORDER OF THE BOARD OF EAGLE COUNTY - BOARD OF COMMISSIONERS COUNTY COMMISSIONERS PAYABLE THROUGH WELLS FARGO BANK, EAGLE, COLORADO 81631 THiS WARRANT is VOID iF NOT PRESENTED FOR PAYMENT WITHiN 60 DAYS TREASURER OF } EAGLE SAID COUNTY COUNTY 7 13 FUNDS WARRANT NUMBER WARRANT DATE March 24, 2005 PAY *ONE THOUSAND TWO HUNDRED TWENTY FOUR AND 00/100 DOLLARS* .- ^,,"r'\f I~IT