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HomeMy WebLinkAboutC14-486 CRCA Common Interest & Cost-Share Agreement (dated 8_20_2014)COMMON INTEREST and COST-SHARE AGREEMENT This Common Interest and Cost-Share Agreement (herein the “Agreement”) is made on the last date of signature of the undersigned parties hereto, nunc pro tunc to August 20, 2014, by and between the entities identified in the signatory blocks below, whom together comprise most, but not all, of the West Slope Signatories to the Colorado River Cooperative Agreement. RECITALS A. The parties to this Agreement comprise most, but not all, of the West Slope Signatories to the Colorado River Cooperative Agreement, which has an effective date of September 26, 2013 (the “CRCA”). B. The parties to this Agreement all own, operate, or benefit from water rights located within Water Division 5 of the State of Colorado, and have a common interest in the permanent protection of the Shoshone Call Flows as described in, and contemplated by, Article VI of the CRCA. C. Article VI of the CRCA provides that the West Slope parties may begin an initial investigation of West Slope acquisition and operation of the Shoshone Power Plant and Shoshone Water Rights (the “Shoshone Assets”). The studies related to acquisition and operation of the Shoshone Assets contemplated by this investigation are referred to in the CRCA and herein as the “Initial Investigation.” The CRCA provides that Denver Water shall assist the West Slope parties upon request in undertaking and completing the investigations during the Investigation Period, which period is defined to run from the effective date of the CRCA for a period of 24 months (subject to extension by agreement amongst the West Slope parties to the CRCA). D. The CRCA also provides that Denver Water will pay one-third of the costs, not to exceed $100,000, incurred by West Slope Signatories to begin the process of implementing a mechanism or combination of mechanisms that will permanently preserve the Shoshone Call Flows. The studies contemplated by this agreement will focus primarily on the Initial Investigation, which may be a method to permanently preserve the Shoshone Call Flows. However, the Parties currently do not anticipate seeking any contribution from Denver for any component of the studies contemplated by this Agreement that are related solely to the Initial Investigation. The Parties may, by separate agreement, decide to seek contribution by Denver Water for any component of the studies contemplated by this Agreement that are related to implementing mechanisms to preserve the Shoshone Call Flows on a permanent basis. E. The parties to this Agreement anticipate that the Colorado River Water Conservation District (the “River District”) will retain special counsel and contract with other consultants, including economic consultants to advise it on matters related to the Initial Investigation and permanent protection of the Shoshone Call Flows (the “Shoshone Work”). The parties anticipate that the cost of the special counsel and consultant work contracted by the River District for the current phase of the Shoshone Work will not exceed $200,000. C14-486 COMMON INTEREST AND COST-SHARE AGREEMENT Page 2 F. The parties anticipate that they may wish to share amongst themselves information and work product generated internally or by their own counsel related to furtherance of the Shoshone Work. G. The River District wishes to share with the other parties to this Agreement the work product of its special counsel and consultants retained on matters related to the Shoshone Work. The River District contemplates paying for 50% of the costs incurred by the West Slope for the current phase of the Shoshone Work. The other parties to this Agreement wish to contribute a total of 50% of the costs incurred by the West Slope for the current phase of the Shoshone Work. H. This Agreement is made in order to memorialize the past and prospective intention of the parties to share confidential information and attorney work-product as part of a cooperative effort to further their common interests in the Shoshone Work without waiving the confidentiality or privileged nature of any such information so disclosed. Now, therefore, the parties agree as follows: 1. In furtherance of their common interests in the Shoshone Work, the parties have shared and anticipate that they will share with each other and their attorneys written and oral information deemed pertinent to the successful pursuit of their common interest, including, but not limited to, the following: witness statements and interview summaries, reports, legal analyses or other memoranda, draft briefs and memoranda, witness debriefing memoranda, factual summaries and analyses, transcript summaries, legal and other strategies, research, intelligence, confidences, documents, valuations and appraisals, proposed offers, drafts of documents, communications among the parties and/or their attorneys, and other secrets, oral or written. All such information, documentation, research, work product, and other written and oral communications are herein referred to as the “information.” Expect as provided in Recital E concerning the work product of the River District’s special counsel and consultants retained on matters related to the Shoshone Work, nothing herein obligates the parties to share specific information, and each party retains the right not to share information in its sole discretion. Except as provided below, all information communicated between and among the parties, including their counsel, employees, officers, directors, consultants, experts, and agents, will remain privileged and confidential. 2. The information has been and will be shared between the parties, including their counsel, employees, officers, directors, consultants, experts, and agents, without effecting a waiver of the confidentiality or privileged nature of the information. The parties shall endeavor to mark all written information as “confidential” prior to the sharing thereof. However, any failure to so mark such documents shall not be dispositive of confidentiality nor constitute waiver of the privilege. 3. The parties shall not disclose to any person or entity not a party to this Agreement any confidential information obtained from or shared by another party in pursuit of the common interests, COMMON INTEREST AND COST-SHARE AGREEMENT Page 3 except as required by court order, or unless such information is already in the public domain or generally known, or unless the originator(s) of the information have waived the privilege in writing. Unless all the parties consent to the sharing of specific portions of the information related to the Shoshone Work, the parties will not share information related to the Shoshone Work as part of the Initial Investigation with Denver Water or others that are not parties to this Agreement. 4. The common interest privilege may be waived for specific information only by the written agreement of the party or parties that originated the information. A party that is not the sole originator of shared information has no authority to unilaterally waive the privilege with respect to that information, and the written consent of the other originator(s) shall be required. A party is not the sole originator of a document where the document contains references to the legal strategies or communications of another party or otherwise involves a collaborative effort, such as the collaborative collection of data. An unauthorized waiver by one party does not constitute a waiver by the other parties. 5. The parties will cooperate to defend against any challenge to the privileged nature of the information. 6. Any information disclosed or position taken by a party under this Agreement relative to the establishment or discussion of positions that are or could be taken with respect to the matters that are the subject of this Agreement shall be considered in the nature of an offer of compromise under CRE 408 and shall not be binding upon or used as evidence against such party. 7. The Parties will each contribute to the initial $200,000 in costs incurred for the Shoshone Work in accordance with the percentages set forth below. Costs for the Shoshone Work that exceed a total of $200,000 will be allocated pursuant to separate agreement or an amendment of this Agreement. a. 50% by the River District. b. 20% by the combination of the following entities: Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and Clinton Ditch and Reservoir Company (the “Eagle/Clinton Group”). c. 15% by the combination of the following entities: Grand County, Summit County, Eagle County, Middle Park Water Conservancy District, City of Rifle, and City of Glenwood Springs (the “Counties/Middle-River Group”). d. 15% by the combination of the following entities: Grand Valley Water Users Association, Orchard Mesa Irrigation District, Ute Water Conservancy District, Grand Valley COMMON INTEREST AND COST-SHARE AGREEMENT Page 4 Irrigation Company, Palisade Irrigation District, Mesa County Irrigation District, Clifton Water District, and the City of Grand Junction (the “Grand Valley Group”). 8. The River District will invoice the other parties hereto for their respective cost share allocation on a periodic basis. The parties agree to reimburse the River District within 30 days of receipt of such invoice. In order to reduce the administrative burden on the River District of invoicing and collecting multiple parties and to provide flexibility requested by the parties to allocate the costs billed by the River District within the respective Groups identified in paragraph 7.b, 7c, and 7.d, above, each Group shall be responsible for determining the proportionate cost allocation for each party within that Group. In addition, each Group shall designate a single party to act as the fiscal agent for their respective Group to collect and pool each party’s respective cost allocation and to provide a single payment to the River District for that Group for each invoice. Each Group shall provide written notice of the responsible fiscal agent party to: Colorado River Water Conservation District Attention: Senior Accountant P.O. Box 1120 Glenwood Springs, CO 81602 9. Other entities in Western Colorado also have common interests with the parties to this Agreement in the Shoshone Work, and such other entities may desire to assist the parties hereto in pursuing such common interests. Such other entities may become parties to this Agreement with the consent of all parties hereto and upon execution of a written agreement of such entity to be bound by the terms of this Agreement. 10. Unless otherwise agreed to by the parties in writing, the term of this Agreement shall be from the stated effective date hereof until the date on which the parties mutually agree to terminate this Agreement. However, nothing herein shall be construed as a waiver of the confidential and privileged nature of information shared between the parties prior to the stated effective date. An individual party may terminate its participation in this Agreement by giving written notice to the other parties. Termination of this Agreement as to that party will be prospective and this Agreement shall remain binding for all information prior to the receipt of written notice of termination. 11. Each party warrants and represents to the other parties that such party has taken all actions necessary to make this Agreement a valid obligation binding upon the party, and that all requirements of any applicable charter, ordinance, statute, or constitutional provision regarding the approval and execution of this Agreement have been met, including, if required, approval by the party’s board of directors. 12. This Agreement may be executed in counterparts, all of which taken together shall be considered one instrument. COMMON INTEREST AND COST-SHARE AGREEMENT Page 5 In witness whereof, the parties have executed this Agreement effective as of the date set forth above. COLORADO RIVER WATER CONSERVATION DISTRICT By:______________________________ Peter C. Fleming, #25665 General Counsel, CRWCD P.O. Box 1120 Glenwood Springs,CO 81602 (970) 945-8522 BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By:______________________________ Charles B. White, #9241 Petros & White, LLC 1999 Broadway, Suite 3200 Denver, CO 80202 (303) 825-1980 BOARD OF COUNTY COMMISSIONERS OF GRAND COUNTY, COLORADO By:______________________________ Anthony J. Dicola, #5598 County Attorney P.O. Box 312 Hot Sulphur Springs, CO 80451 (970) 725-3315 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By:______________________________ David C. Hallford, #10510 Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 CITY OF GLENWOOD SPRINGS, COLORADO AND CITY OF RIFLE, COLORADO By:______________________________ Karl J. Hanlon, #27320 Karp Neu Hanlon, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 MIDDLE PARK WATER CONSERVANCY DISTRICT By:______________________________ Stanley W. Cazier, #4648 Cazier McGowan & Walker P.O. Box 500 Granby, CO 80446 (970) 887-3376 COMMONINTEREST ANP COST-SHARE AGREEMENT Page 5 In witness whereof, the parties have executed this Agreement effective as of the date set forth above. COLORADO RIVER WATER CONSERVATION DISTRICT By: Peter C. Fleming, #25665 General Counsel, CRWCD P.O. Box ll20 Glenwood Springs, CO 81602 (970) 945-8522 BOARD OF COUNTY COMMISSIONERS ::'U~ Ch '. White, #9241 Petros & White, LLC 1999 Broadway, Suite 3200 Denver, CO 80202 (303) 825-1980 BOARD OF COUNTY COMMISSIONERS OF GRAND COUNTY, COLORADO By: Anthony J. Dicola, #5598 County Attorney P.O. Box 312 Hot Sulphur Springs, CO 80451 (970) 725-3315 BOARD OF COUNTY COMMISSIONERS OFEAGLECOUNTY,COLORADO By: David C. Hallford, #I 0510 Balcomb & Green, P.C. P.Q. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 CITY OF GLENWOOD SPRINGS, AND CITY OF RIFLE, COLORADO COLORADO By: Karl J. Hanlon, #27320 Karp Neu Hanlon, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 MIDDLE PARK WATER CONSERVANCY DISTRICT By: Stanley W. Cazier, #4648 Cazier McGowan & Walker P.O. Box500 Granby, CO 80446 (970) .887-3376 COMMON INTEREST AND COST -SHARE AGREEMENT Page 5 In witness whereof, the parties have executed this Agreement effective as of the date set forth above. COLORADO RIVER WATER CONSERVATION DISTRICT By: Peter C. Fleming, #25665 General Counsel, CRWCD P.O. Box 1120 Glenwood Springs, CO 81602 (970) 945-8522 BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By: Charles B. White, #9241 Petros & White, LLC 1999 Broadway, Suite 3200 Denver, CO 80202 (303) 825-1980 BOARD OF COUNTY COMMISSIONERS OF GRAND COUNTY, COLORADO ~'"".) ~ // ~~ / .f'E7 ~/ --~-0-0 "t ~0~---~-~-0 By: ("'r ,...,-·::, o~/·fC e~·/' ·-Anthony J. Dicola, #5598 County Attorney P.O. Box 312 Hot Sulphur Springs, CO 80451 0 (970) 725-3315 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By: David C. Hallford, # 10510 Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 CITY OF GLENWOOD SPRINGS, COLORADO AND CITY OF RIFLE, COLORADO By: Karl J. Hanlon, #27320 Karp Neu Hanlon, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 MIDDLE PARK WATER CONSERVANCY DISTRICT By: Stanley W. Cazier, #4648 Cazier McGowan & Walker P.O. Box 500 Granby, CO 80446 (970) 887-3376 COMMON INTEREST AND COST-SHARE AGREEMENT Page 5 In witness whereof, the parties have executed this Agreement effective as ofthe date set forth above . COLORADO RIVER WATER CONSERVATION DISTRICT By: Peter C. Fleming, #25665 General Counsel, CR WCD P.O. Box 1120 Glenwood Springs, CO 81602 (970) 945-8522 BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By: Charles B. White, #9241 Petros & White, LLC 1999 Broadway, Suite 3200 Denver, CO 80202 (303) 825-1980 BOARD OF COUNTY COMMISSIONERS OFGRANDCOUNTY,COLORADO By: Anthony J. Dicola, #5598 County Attorney P.O. Box 312 Hot Sulphur Springs, CO 80451 (970) 725-3315 BOARD OF COUNTY COMMISSIONERS OFEAGLECOUNTY,COLORADO By: ~/f.tf;;f/ avidC: Hallfont:#li 0 Balcomb & Green, P.C . P.O. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 CITY OF GLENWOOD SPRINGS, COLORADO AND CITY OF RIFLE, COLORADO By: Karl J. Hanlon, #27320 Karp Neu Hanlon, P.C. P .O . Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 MIDDLE PARK WATER CONSERVANCY DISTRICT By: Stanley W. Cazier, #4648 Cazier McGowan & Walker P.O. Box 500 Granby, CO 80446 (970) 887-3376 COMMON INTEREST AND COST-SHARE AGREEMENT Page 5 In witness whereof, the parties have executed this Agreement effective as of the date set forth above. COLORADO RIVER WATER CONSERVATION DISTRICT By: Peter C. Fleming, #25665 General Counsel, CR WCD P.O. Box 1120 Glenwood Springs, CO 81602 (970) 945-8522 BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By: Charles B. White, #9241 Petros & White, LLC 1999 Broadway, Suite 3200 Denver, CO 80202 (303) 825-1980 BOARD OF COUNTY COMMISSIONERS OF GRAND COUNTY, COLORADO By: Anthony J. Dicola, #5598 County Attorney P.O. Box 312 Hot Sulphur Springs, CO 80451 (970) 725-3315 BOARD OF COUNTY COMMISSIONERS OFEAGLECOUNTY,COLORADO By: David C. Hallford, #10510 Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 CITY OF GLENWOOD SPRINGS, COLORADO AND CITY OF RIFLE, COLORADO By: 0 KarP. e u Hanlon, P .C. P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 MIDDLE PARK WATER CONSERVANCY DISTRICT By: Stanley W. Cazier, #4648 Cazier McGowan & Walker P.O. Box 500 Granby, CO 80446 (970) 887-3376 COMMON INTEREST AND COST -SHARE AGREEMENT Page 5 In witness whereof, the parties have executed this Agreement effective as of the date set forth above. COLORADO RIVER WATER CONSERVATION DISTRICT By: Peter C. Fleming, #25665 General Counsel, CRWCD P.O. Box 1120 Glenwood Springs, CO 81602 (970) 945-8522 BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By: Charles B. White, #9241 Petros & White, LLC 1999 Broadway, Suite 3200 Denver, CO 80202 (303) 825-1980 BOARD OF COUNTY COMMISSIONERS OF GRAND COUNTY, COLORADO By: Anthony J. Dicola, #5598 County Attorney P.O. Box 312 Hot Sulphur Springs, CO 80451 (970) 725-3315 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By: David C. Hallford, #10510 Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 CITY OF GLENWOOD SPRINGS, COLORADO AND CITY OF RIFLE, COLORADO By: Karl J. Hanlon, #27320 Karp Neu Hanlon, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 MIDDLE P ARIZ WATER CONSERVANCY DISTRICT COMMON INTEREST AND COST-SHARE AGREEMENT Page6 CLINTON DITCH & RESERVOIR COMPANY; UPP ER EAGLE REGIONAL WATER A UTHORJTY; and EAGLE RIVER WATER & SANITATION DISTRICT By: Glenn E. Porzak, #2m Porzak Browning & Bushong, LLP 2120 13th Street Boulder, CO 80302 (303) 443-6800 GRAND VALLEY WATER USERS ASSOCIATION; ORCHARD MESA IRRIGATION COMPANY; and UTE WATER CONSERVANCY DISTRICT By: Mark A. Hermundstad , #1 0527 Will iams, Turner & Holmes, P.C. P.O. Box 338 Grand Junction, CO 81502 (970) 242-6262 GRAND VALLEY IRRIGATION COMPANY By: Frederick G. Aldrich, #428 Frederick G. Aldrich, LLC 601A 28 1/4 Road Grand Junction, CO 81506 (970) 245-7950 PALISADE IRRJGA TION DISTRICT; :tvlESA COUNTY IRRIGATION DISTRICT; and CLIFTON WATER DISTRICT By: Nathan A. Keever, #24630 Dufford Waldeck Milburn & Krohn 744 Horizon Court, #300 Grand Junction, CO 81506 (970) 241-5500 CITY OF GRAND JUNCTION, COLORADO By: John P. Shaver, #16594 City Attorney 250 N orth 51h Street Grand Junction, CO 8150 l (970) 244-1508 COMMON INTEREST AND COST-SHARE AGREEMENT Page 6 CLINTON DITCH & RESERVOIR COMPANY; UPPER EAGLE REGIONAL WATER AUTHORITY; and EAGLE RIVER WATER & SANITATION DISTRICT By: Glenn E. Porzak , #2793 Porzak Browning & Bushong, LLP 2120 13 111 Street Boulder, CO 80302 (303) 443-6800 GRAND VALLEY WATER USERS , ASSOCIATION; ORCHARD MESA IRRIGATION DISTRICT; and UTE WATER CONSERVANCY DISTRICT By : /P1Jaj_!ilf~ Mark A. Hermundstad, # 10527 Williams, Turner & Holmes, P.C. P.O. Box 338 Grand Juncti on, CO 8 150 2 (970) 242-6262 GRAND VALL EY IRRIGATION COMPANY By: Frederick G. Aldrich, #42 8 Fre derick G. Aldrich, LLC 601 A 28 114 Road Gra nd Jun ction, CO 81506 (970) 245-7950 P ALlSADE IRRIGATION DISTRICT; MESA COUNTY IRRIGATION DISTRICT; and CLIFTON WAT ER DISTRICT By: Nathan A. Keever, #24630 Dufford Waldeck Milburn & Krohn 744 Horizon Court, #300 Grand Junction , CO 81506 (970) 241-5500 CITY OF GRAND JUNCTION, COLORADO By: John P. Shaver, #16594 City Attorney 250 North 5111 Street Grand Jun ction , CO 8150 I (970) 244-1508 COMMON INTEREST AND COST-SHARE AGREEMENT Page6 CLINTON DITCH & RESERVOIR COMPANY; UPPER EAGLE REGIONAL WATER AUTHORITY; and EAGLE RIVER WATER & SANITATION DISTRICT By: Glenn E. Porzak, #2793 Porzak Browning & Bushong, LLP 2120 13th Street Boulder, CO 80302 (303) 443-6800 GRAND VALLEY WATER USERS ASSOCIATION; ORCHARD MESA IRRIGATION DISTRICT; and UTE WATER CONSERVANCY DISTRICT By: Mark A. Hermundstad, #I 0527 Williams, Turner & Holmes, P.C. P.O. Box 338 Grand Junction, CO 81502 (970) 242-6262 GRAND VALLEY IRRIGATION COMPANY PALISADE IRRIGATION DISTRICT; MESA COUNTY IRRIGATION DISTRICT; and CLIFTON WATER DISTRICT By: Nathan A. Keever, #24630 Dufford Waldeck Milburn & Krohn 744 Horizon Court, #300 Grand Junction, CO 81506 (970) 241-5500 CITY OF GRAND JUNCTION, COLORADO By: John P. Shaver, #16594 City Attorney 250 North 5th Street Grand Junction, CO 81501 (970) 244-1508 By· c~, c::: J2 9¥·~ \Frederick G. Aldrich, #428 Frederick G. Aldrich, LLC 60IA 28 1/4 Road Grand Junction, CO 81506 (970) 245-7950 COMMON INTEREST AND COST-SHARE AGREEMENT Page 6 CLINTON DITCH & RESERVOIR COMPANY; UPPER EAGLE REGIONAL WATER AUTHORITY; and EAGLE RIVER WATER & SANIT A TJON DISTRICT By: Glenn E. Porzak, #2793 Porzak Browning & Bushong, LLP 2120 13'h Street Boulder, CO 80302 (303) 443-6800 GRAND VALLEY WATER USERS ASSOCIATION; ORCHARD MESA IRRIGATION COMPANY; and UTE WATER CONSERVANCY DISTRICT By: Mark A. Hermundstad, #10527 Williams, Turner & Holmes, P.C. P.O. Box 338 Grand Junction, CO 81502 (970) 242-6262 GRAND VALLEY IRRIGATION COMPANY By: Frederick G. Aldrich, #428 Frederick G. Aldrich, LLC 60 I A 28 114 Road Grand Junction, CO 81506 (970) 245-7950 PALISADE IRRIGATION DISTRICT; MESA COUNTY IRRIGATION DISTRICT; and CLIFTON WATER DISTRICT By: Nathan A. Keever, #24630 Dufford Waldeck Milburn & Krohn 744 Horizon Court, #300 Grand Junction, CO 81506 (970) 241-5500 CITY OF GRAND JUNCTION, COLORADO By: John P. Shaver, #16594 City Attorney 250 North 5'h Street Grand Junction, CO 81501 (970) 244-1508 COMMON INTEREST AND COST-SHARE AGREEMENT Page6 CLINTON DITCH & RESERVOIR COMPANY; UPPER EAGLE REGIONAL WATER AUTHORITY; and EAGLE RIVER WATER & SANITATION DISTRICT By: Glenn E. Porzak, #2793 Porzak Browning & Bushong, LLP 2120 13 1h Street Boulder, CO 80302 (303) 443-6800 GRAND VALLEY WATER USERS ASSOCIATION; ORCHARD MESA JRRIGA TION DISTRICT; and UTE WATER CONSERVANCY DISTRlCT By: Mark A. Hennundstad, # 1 0527 WilJiams, Turner & Holmes, P.C. P.O. Box 338 Grand Junction, CO 81502 (970) 242-6262 GRAND VALLEY IRRIGATION CO:MPANY By: Frederick G. Aldrich, #428 Frederick G. Aldrich, LLC 601A 28 114 Road Grand Junction, CO 81506 (970) 245-7950 PALISADE IRRIGATION DISTRICT; MESA COUNTY IRRIGATION DISTRICT; and CLIFTON WATER DISTRICT By: Nathan A. Keever, #24630 Dufford Waldeck Milburn & Krohn 744 Horizon Court, #300 Grand Junction, CO 81506 (970) 241-5500 CITY OF GRAND JUNCTION, COLORADO By: City Att ey 250 North 511t Street Grand Junction, CO 81501 (970} 244-1508