HomeMy WebLinkAboutC05-102 Colorado River Water Conservation District
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CW04024-1 yr
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 of24
acre feet of Eagle River supply annuallyformunicipallindustrial 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 aware of the "Hydrology
Assumptions" which are part of that 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 is the subject of this Contract and that such use will comply with the Water Marketing
Policy and the Project's permits and decrees.
WATER SUPPLY CONTRACT CW04024-1 yr
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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 "Project" means 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.
. "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 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.
WATER SUPPLY CONTRACT CW04024-1 yr
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. "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.
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.
.
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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 of this 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 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 151 annually, or as necessary in
response to river administration of the 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
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
WATER SUPPLY CONTRACT CW04024-1 yr
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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 as the source
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 planes) or substitute supply planes),
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'
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.
WATER SUPPL Y CONTRACT CW04024-1 yr
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h. Accounting of Use. Contractor shall maintain an accounting of its use of all water
used or supplied by Contractor on forme 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 informed 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 immediately Contractor shall pay
to the River District on the execution of this Contract the total sum of $1,224.00,
being $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 partial
Project Year (July 2004 through June 2005).
b. 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) of the Agreement.
4. Contract Term. The term of this Contract shall be for a period of one (1) year.
5. Water Shortage. In the event that the River District is unable, because of either legal or
physical reasons, to deliver any or all of the 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.
1. The River District may terminate this Contract for any violation or breach of
the terms of this 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.
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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.
111. 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.
b. 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. Miscellaneous/Standard 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 / General Manager
Phone: (970) 945-8522
Fax: (970) 945-8799
WATER SUPPLY CONTRACT CW04024-1 yr
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Contractor:
Board of County Commissioners
Eagle County
c/o 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
n. 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 Projects
DATE: By:
ATTEST:
Richard Eric Kuhn, Secretary
WATER SUPPLY CONTRACT CW04024-1 yr
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BOARD OF COUNTY COMMISSIONERS, EAGLE
COUNTY, RADO
I
I
WATER SUPPLY CONTRACT CW04024-1 yr
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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 day 2005.
Witness my hand and official seal. My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD ) My CommiSSIon Expires 07/1112007
The foregoing Water Supply Contract was subscribed and sworn to before me by Richard
Eric Kuhn as Secretary of the Colorado River Water Conservation District, acting by and through
its Colorado River Water Projects Enterprise this day 2005.
Witness my hand and official seal. My Commission Expires: ..
STATE OF COLORADO )
COUNTYOFCA4If~ ) ss.
)
The foregoing Water Supply Contract was subscribed and sworn to before me by Am M.
Menconi, Chairman, and Teak Simonton, County Clerk on beh,fllf of the Board of County
Commissioners, Eagle County, Colorado, this 1'0 day of Aprv-' ,2005.
Witness my hand and official seal. My Commission Expires: ~1t. l?-/~f)
<t>~ JJ?t
Notary Public
E~~tf5,-
tJ,oJ!.. 3(P()" to
Exhibit A
AGREEMENT to
CW04024
This Agreement is made effective as of the fJ-lil day of. N{)\f. 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 Vi ater Projects Enterprise ("River District").
RECITALS
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 of the water attributable to its Company
stock, but anticipates such needs in the future. The River District has. an ongoing
water marketing program regarding water available from the Company and other
sources of supply owned or controned by the River District.
D. The County may act as a pennitting 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 of this 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 issued by the Company reflecting the River
District's ownership ofthe 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 such 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.
-l- Eogle Coullty/ColoI'odo 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 yie1d
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 armual 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 River
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 Supply Contracts. The County may request and the
River District shall issue Water Supply Contract(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 reassigrunent
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 District'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 manner 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 reassignment 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 reassignment of all shares of stock that are subject to this Agreement
as provided herein. Starting on the first almiversary date of this Agreement al1d on each
subsequent aIIDual 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 anl1iversary
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 tenn 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 COUNTY:
County Attorney
Eagle County Attorney's Office
P.O. Box 850
Eagle, CO 81631
Telephone: (970) 328-8691
NOTICE TO RIVER DISTRICT:
General MaI1ager
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 of the 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 Cot/Illy/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 Walnnts that
they have been duly authorized by their Party to execute this Agreement and that they
have the authority to bind that Party to the tenus 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: _1Jl) (6 ~
Tom Stone, ChaIrman
COLORADO RNER WATER CONSER V A TION
DISTRlCT acting by and through its Colorado River
W..at~?cts Enterprise.
../ <' ~/!l I/L1; (/lA:li;,- l i) /2- ,joy
lEy ,;....0- Dated:
,,- .
tephen M. Mathis, President
ATTEST:
By \fL.Q l~L
R. Eric Kulm, Secretary
-5- Engle County/Colorado River Disttict Agreement
