HomeMy WebLinkAboutC14-149 Colorado River Cooperative AgreementAGREEMENT CONCERNING MANAGEMENT OF THE
COLORADO RIVER COOPERATIVE AGREEMENT WEST SLOPE FUND
This Agreement is entered by and between the Board of County Commissioners, County
of Eagle; Board of County Commissioners, County of Grand; Board of County Commissioners,
County of Summit; Colorado River Water Conservation District; Middle Park Water
Conservancy District; Clinton Ditch and Reservoir Company; Eagle Park Reservoir Company;
Eagle River Water and Sanitation District; Upper Eagle Regional Water Authority; Grand Valley
Water Users Association; Orchard Mesa Irrigation District; Ute Water Conservancy District;
Palisade Irrigation District; Mesa County Irrigation District; Grand Valley Irrigation Company;
City of Glenwood Springs; and City of Rifle (each entity is referred to herein as a "Party", and
collectively as the "Parties"). This Agreement has an effective date, nunc pro tunc, of March
26, 2014.
RECITALS
A. The Parties constitute the seventeen West Slope Signatories to the Colorado River
Cooperative Agreement, which has an effective date of September 26, 2013 (the
"CRCA").
B. In addition to numerous other substantive provisions, the CRCA provides for the creation
of the West Slope Fund, which will generate revenue from the West Slope Charge
imposed by Denver Water on certain water sold or leased by it to users outside of the
Denver Water 2010 Service Area. The West Slope Charge will be collected by Denver
Water and submitted to the West Slope Fund.
C. The purpose of the West Slope Fund is to distribute the revenue of the fund for water
supply, watershed and water quality projects that benefit the West Slope of Colorado.
Revenue from the West Slope Fund may not be used for litigation costs.
D. The CRCA provides that one-fifth of the West Slope Charge imposed under Articles
I.B.1, I.B.2.e., and I.B.4 of the CRCA be split equally into two interest-bearing accounts
and dedicated for forest restoration activities (the "Forest Restoration Funds"). The
management of the Forest Restoration Funds is addressed separately from this
Agreement.
E. This Agreement governs the administration and use of that portion of the West Slope
Fund that does not include the Forest Restoration Funds (the "Primary West Slope
Fund").
NOW THEREFORE, in consideration of the terms and conditions of this Agreement,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows.
Confirmation, Administration, and Accounting of Primary West Slope Fund.
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AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 2
1.1. The Parties hereby confirm the formation of the Primary West Slope Fund as
contemplated by the CRCA. The Colorado River Water Conservation District (the "River
District") shall undertake the accounting, reporting, and other administrative tasks associated
with the Primary West Slope Fund, subject to the direction of the Parties in accordance with this
Agreement.
1.2. To compensate the River District for the time and expense associated with
administration of the Primary West Slope Fund, the River District's Colorado River Water
Projects Enterprise may charge and collect from the Primary West Slope Fund a reasonable
annual administrative fee equal to a maximum of 3% of the money that accrues to the Primary
West Slope Fund from the West Slope Charge in that calendar year.
1.3. The River District shall maintain a separate financial account for the Primary
West Slope Fund, as directed by the Management Committee pursuant to this Agreement. As of
the effective date of this Agreement, the Primary West Slope Fund account information is as
follows:
Account information:
Bank of Colorado
Account # 5930056707
Fund balance as of March 26, 2014 is $0.00
2. Notice and Principal Representatives.
Each Party shall designate a Principal Representative for purposes of representing that
Party's interests related to this Agreement. Each Party's initial Principal Representative is listed
below. All notices required to be provided by this Agreement shall be given by hand -delivery,
United States Mail, or electronic -mail to the addresses for each Principal Representative. A
Party may designate replacement or substitute Principal Representatives from time to time upon
written notice as provided herein.
Board of County Commissioners
County of Eagle
CIO: Kgqd
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[Name/Title]
Address: r) 00 x a
Phone: A jT.� `�). h�,,0 ,
Email: e, a od lef = it e jl1
Board of County Commissioners
County of Grand
c/o:
[Name/Title]
Address:
Phone:
Email:
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 3
Board of County Commissioners Eagle Park Reservoir Company
County of Summit c/o:
c/o:
[Name/Title]
Address:
Phone:
Email:
[Name/Title]
Address:
Phone:
Email:
Colorado River Water Conservation District Eagle River Water and Sanitation District
c/o: c/o:
[Name/Title]
Address:
Phone:
Email:
Middle Park Water Conservancy District
c/o:
[Name/Title]
Address:
Phone:
Email:
Clinton Ditch and Reservoir Company
c/o:
[Name/Title]
Address:
Phone:
Email:
[Name/Title]
Address:
Phone:
Email:
Upper Eagle Regional Water Authority
c/o:
[Name/Title]
Address:
Phone:
Email:
Grand Valley Water Users Association
c/o:
[Name/Title]
Address:
Phone:
Email:
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 4
Orchard Mesa Irrigation District
c/o:
[Name/Title]
Address:
Phone:
Email:
Ute Water Conservancy District
c/o:
[Name/Title]
Address:
Phone:
Email:
Palisade Irrigation District
c/o:
[Name/Title]
Address:
Phone:
Email:
Mesa County Irrigation District
c/o:
[Name/Title]
Address:
Phone:
Email:
Grand Valley Irrigation Company
c/o:
[Name/Title]
Address:
Phone:
Email:
City of Glenwood Springs, Colorado
c/o:
[Name/Title]
Address:
Phone:
Email:
City of Rifle, Colorado
c/o:
[Name/Title]
Address:
Phone:
Email:
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 5
Meetings.
3.1. The Parties shall hold an annual meeting to act on matters related to the Primary
West Slope Fund. The annual meeting shall occur between January 1 and April 1 of each
calendar year. The Parties may meet more frequently, as needed, pursuant to the terms of this
agreement. Meetings shall be held within the boundaries of Colorado Water Division 5.
Principal Representatives may participate in such meetings telephonically or by other electronic
means that allow for full participation.
3.2. A minimum of 13 Principal Representatives shall be necessary to constitute a
quorum of the Parties. Except as provided in Paragraph 5, below, no action related to the
Primary West Slope Fund may be taken absent the unanimous consensus of a quorum. Except as
provided for meetings held in accordance with Paragraph 5.2, below, attendance and voting by
proxy is allowed. For meetings at which proxy voting is allowed, the proxy must be designated
in writing by the Principal Representative and provided to the other Parties in advance of, or at,
the applicable meeting. The written designation of proxy must specify the duration of the proxy.
Except for the dispute resolution action of the Parties provided in Paragraph 5.2, below, the
proxy shall be valid for all matters related to the Primary West Slope Fund.
3.3. Those portions of meetings of the Parties during which the distribution of money
from the Primary West Slope Fund is determined shall be open to the public. All other portions
of meetings of the Parties related to the Primary West Slope Fund shall be open to the public,
except to preserve confidentiality necessary for prudent management and implementation of the
Primary West Slope Fund.
4. Duties of the Parties.
The Parties shall be responsible for the administration of the Primary West Slope Fund.
In particular, but not by way of limitation, the Parties shall take action on the following matters:
4.1. Developing and implementing an investment policy for the Primary West Slope
Fund.
4.2. Determining the amount of the Primary West Slope Fund, if any, that will not be
disbursed but will be reserved as a corpus in order to provide a fund balance sufficient for large
capital investments and/or to accrue interest income to the fund.
4.3. Establishing limits on individual disbursements and total annual disbursements
(and any exceptions thereto) made from the Primary West Slope Fund.
4.5. Establishing criteria for projects that meet the purposes of the Primary West Slope
Fund.
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 6
4.6. Selecting recipients of projects that meet the purposes and selection criteria for
money from the Primary West Slope Fund, consistent with the provisions of the CRCA and this
Agreement.
4.7. Developing and implementing procedures for timely adoption of meeting
agendas, minutes of meetings, and notice to the Parties and other interested persons or entities of
actions taken by the Parties.
Dispute Resolution.
5.1 Any failure of the Parties to reach unanimous consensus on a matter related to the
Primary West Slope Fund shall be addressed as follows:
5.2. Any single or more Principal Representative(s) will provide written notice to the
Parties of a disputed matter for resolution and which has not been resolved by unanimous
consensus of the Parties in attendance at a meeting held in accordance with Paragraph 3, above.
The written notice must contain a detailed description of the disputed issue and a proposal for the
resolution of the dispute. The Parties will schedule a meeting regarding the disputed issue to be
held within 60 days of the receipt of such notice. The disputed issue will be resolved at that
meeting by a vote requiring no less than 13 concurring votes of the Parties' Principal
Representatives. Proxy voting shall not be allowed for any dispute resolution action of the
Parties held in accordance with this Paragraph 5.2.
6. Use of the Primary West Slope Fund.
6.1. As provided in the CRCA, the Primary West Slope Fund will be used solely for
water supply, watershed, and water quality projects that benefit the West Slope.
6.2. The Parties will act to achieve an equitable (though not necessarily equal)
geographic distribution of money from the Primary West Slope Fund. Such equitable geographic
distribution of funds is not required over short-term periods of less than 10 -years.
6.3. The Parties will attempt to ensure that each project funded by the Primary West
Slope Fund is broadly supported by the Principal Representative(s) and local stakeholders in the
geographic area affected by the proposed project.
6.4. The Parties may elect to distribute money from the Primary West Slope Fund for
projects or uses located in Colorado Water Divisions 4 or 6 if, the unanimous consensus of all 17
Parties is that such project or uses will provide an overall benefit to the West Slope.
Previously -Collected Funds and Accounting of Funds.
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 7
7.1. The Parties agree that the fund balance, if any, specified in Paragraph 1.3, above,
has been derived from funds collected by Denver Water and provided to the River District
pursuant to the CRCA West Slope Charge prior to the effective date of this Agreement, and that
such balance has been properly accounted to the Primary West Slope Fund.
7.2. The Parties agree that moneys accounted to and distributed from the Primary
West Slope Fund is a fee for service derived from the CRCA West Slope Charge, and does not
constitute a grant of state or local money.
8. The Parties agree that this Agreement is consistent with the CRCA.
9. Miscellaneous.
9.1. This Agreement may be amended by the written agreement of all 17 Parties.
9.2. Each Party's rights and obligations established by this Agreement are personal to
that Party and may not be transferred or assigned without the prior, written consent of the other
Parties.
9.3. The captions and headings in this Agreement are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions.
9.4. Enforcement of this Agreement and all rights hereunder are reserved solely to the
Parties.
9.5. This Agreement may be executed in multiple identical original counterparts, all of
which shall constitute one Agreement.
9.6. Nothing in this Agreement shall be construed as a limitation on or waiver of any
review, approval, or permit authority, or a predetermination of any action taken thereunder, by
any governmental entity.
BOARD OF COUNTY COIONERS BOARD OF COUNTY COMMISSIONERS
COUNTY OF COUNTY OF GRAND
By: `_' By:
Name/ e:�i %/IZ' -0 � C-AtH a ., Name/Title:
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 8
BOARD OF COUNTY COMMISSIONERS UPPER EAGLE REGIONAL WATER
COUNTY OF SUMMIT AUTHORITY
By: By:
Name/Title: Name/Title:
COLORADO RIVER WATER
CONSERVATION DISTRICT
By:
Name/Title:
MIDDLE PARK WATER
CONSERVANCY DISTRICT
By:
Name/Title:
CLINTON DITCH AND RESERVOIR
COMPANY
By:
Name/Title:
EAGLE PARK RESERVOIR COMPANY
By:
Name/Title:
EAGLE RIVER WATER AND
SANITATION DISTRICT
By:
Name/Title:
GRAND VALLEY WATER USERS
ASSOCIATION
By:
Name/Title:
ORCHARD MESA IRRIGATION
DISTRICT
By:
Name/Title:
UTE WATER CONSERVANCY
DISTRICT
By:
Name/Title:
PALISADE IRRIGATION DISTRICT
By:
Name/Title:
MESA COUNTY IRRIGATION
DISTRICT
By:
Name/Title:
AGREEMENT CONCERNING MANAGEMENT OF THE COLORADO RIVER
COOPERATIVE AGREEMENT WEST SLOPE FUND
Page 9
GRAND VALLEY IRRIGATION
COMPANY
By:
Name/Title:
CITY OF GLENWOOD SPRINGS,
COLORADO
By:
Name/Title:
CITY OF RIFLE, COLORADO
By:
Name/Title:
