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HomeMy WebLinkAboutC07-145 Amendment to Water RightsAMENDMENT TO WATER RIGHTS AGREEMENT This Amendment to Water Rights Agreement ("Amendment") is entered this day of nom_ 2007, by and among the Upper Eagle Regional Water Authority, a quasi -mu icipal corporation and political subdivision of the State of Colorado (the "Authority"); the Edwards Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado (the "Metropolitan District"); Eagle County, Colorado, a political subdivision of the State of Colorado, by and through its Board of County Commissioners (the "County"); and the Eagle County School District RE -50J, a public school district of the State of Colorado (the "School District") (collectively referred to as the "Parties"). RECITALS A. The Parties entered into a Water Rights Agreement Dated September 16, 2003, (the "Agreement") whereby the County and School District agreed to convey water rights and assign certain reservoir shares to the Authority in exchange for receiving water service from the Authority and the Metropolitan District. B. Pursuant to the Agreement, the County dedicated to the Authority a portion of its water rights decreed to the Howard Ditch First Enlargement, Priority 385 and the School District dedicated to the Authority a portion of its rights decreed to the O'Neill & Holland Ditch First Enlargement, Priority 404. C. To effectuate the terms of the Agreement, the Parties recognized that the water rights dedicated and assigned to the Authority needed to be changed and incorporated into a plan for augmentation to be decreed by the Water Court. The Application for Water Rights, Change of Water Rights, and Approval of Plan for Augmentation and Exchange that is the subject of the Agreement was filed by the Authority in Case No. 02CW403, in the District Court for Colorado Water Division No. 5, on December 31, 2002. D. Paragraph 6(B) of the Agreement provides that the County and School District shall each be responsible for fifty (50) percent of all past and future costs and fees incurred by the Authority and/or Metropolitan District for the preparation and adjudication of that Application, including the use of outside engineering consultants and attorneys used in connection with the Application. 15104 1 E. The Parties desire to amend Paragraph 6(B) to limit the amount of fees and costs to be paid by the County and School District under the terms of the Agreement. AGREEMENTS NOW THEREFORE, in consideration of the agreements contained in this Amendment, the sufficiency of which is hereby acknowledged, the Authority, the Metropolitan District, the County, and the School District amend Paragraph 6(B) of the Water Rights Agreement dated September 16, 2003, as follows, regarding all past and future fees and cost associated with the Application. 15104 1. The Parties agree that the County and School District are each responsible for $83,821.80 of the legal and engineering fees and costs incurred to date by the Authority and Metropolitan District in association with the Application in Case No. 02CW403. The County and School District shall make payments for those fees and costs to the Authority within 30 days from the date hereof. 2. Except for the fees and costs paid by them as provided in paragraph 1 above, the County and School District shall not be responsible for any legal and engineering fees and costs incurred in the past or in the future by the Authority in Case No. 02CW403. 3. The Authority shall be responsible for all fees and costs associated with the Application in excess of the amounts paid by the County and School District as provided herein, including all additional fees and costs to obtain a decree and for any appeal of the Water Court's decree in Case No. 02CW403, and any future Water Court proceedings concerning Case No. 02CW403, including any applications to amend the decree; petitions to invoke retained jurisdiction as provided in the decree; actions to construe, or interpret the decree; or any other proceedings. 4. Except as expressly modified by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. Executed as of the date first set forth above. K UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi- municipal corporation and political subdivision of the State of Colorado By: } Name: 0 rq a v\ Title: Chairman EDWARDS METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado, By: L A4"Vild-1 Name: W i i 11(l vLk -2 r,1 Ca'1s Title: President 15104 3 EAGLE COUNTY, COLORADO, a political subdivision of the State of Colorado, by and through its Board of County Commissioners, Arn enconi, Chairman County Board of Commissioners EAGLE COUNTY SCHOOL DISTRICT RE -50J, a public school district of the State of Colorado, By: t and of Directors CANNiE KcjKCX">-STXP,HAN V (C -f. Px.(.S'i SENT STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The fo e oin instrument was acknowledge subscribed and sworn to before me this day of 2007, by a caas Chairman, of the Upper Eagle Regional Water uthority, a quasi-municipa corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: S Dom/ 't, Notary Public STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) ct, O A The foregoing instrument was acknowledged, s bscribed and sworn to before me this _ day of Mi2007, by �� i I I « wt- i r �s President, of the Edwards Metropolitan Distri quasi -municipal corporation and political subdivision of the State of Colorado. 15104 Witness my hand and official seal. My commission expires: �Tj Cr f 6 9 Notary Public e 0 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was ckno led d subscribed and sworn to before me this da of io 'r .�.�� G-) Y �] 2007, by�'eeresident, Board of Directors, of the Eagle County School Dis ict Re -50J, a public school district of the State of Colorado. Witness my hand and official seal. My commission expires: VkOTARY +«+ MAIX No P is PINK& APM24M STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged, subscribed and sworn to before me this day of C3L 2007, by Am Menconi as Chairman of the Board of County Commissioners of Eagle ounty, State of Colorado. Witness my hand and official seal. My commission expires: 15104 Notary Public 5 My Commission Dpiros Aug.es► 21, 2007 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The forMIC12 g instrument was acknowledged, subscribed and sworn day of ' 2007, by Teak Simonton as Clerk to the Commissioners of Eagle County, State of Colorado. Witness my hand and official seal. My commission expires: to before me this Board of County Notary Public My Commission Expires August 21, 2007 15104 6