HomeMy WebLinkAboutORDINANCE 15-02ci o
ORDINANCE NO.15-02
AN ORDINANCE CONSENTING TO THE TRANSFER OF
CERTAIN WINDY GAP UNITS BY SUPERIOR METROPOLITAN
DISTRICT NO.1 AND AUTHORIZING AND DIRECTING THE
MAYOR AND TOWN CLERK OF THE TOWN OF ESTES PARK
TO EXECUTE AND FILE,ON BEHALF OF THE TOWN OF
ESTES PARK,COLORADO,SUCH DOCUMENTS AS ARE
NECESSARY TO CONSENT TO THE TRANSFER OF 9 UNITS
OF WATER OF THE MUNICIPAL SUBDISTRICT,NORTHERN
COLORADO WATER CONSERVANCY DISTRICT
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO.
Section 1.The Board of Trustees of the Town of Estes Park,Colorado,
hereby consents to the transfer of three (3)Units of Windy Gap water from Superior
Metropolitan District No.ito the Town of Erie and six (6)Units of Windy Gap water
from Superior Metropolitan District No.I to the City of Louisville.The nine (9)Units
being transferred were originally transferred to Superior Metropolitan District No.I from
the Town of Estes Park,Colorado pursuant to Ordinance No.4-88.
Section 2.The Mayor and Town Clerk of the Town of Estes Park,Colorado,
be and hereby are authorized and directed to execute and file,on behalf of the Town,
such other and further documents as are required by the Municipal Subdistrict,Northern
Colorado Water Conservancy District to evidence the consent of the Town of Estes Park
to the transfer of the nine (9)Units of Subdistrict Windy Gap Water.
Section 3.That the Mayor and Town Clerk of the Town of Estes Park,
Colorado,be and hereby are authorized and directed to execute the Petitions for Water
Allotment Contracts of the Town of Erie and the City of Louisville.The copies of the
Petitions for Water Allotment contracts for Erie and Louisville are attached hereto as
Exhibits “A”and “B”.
Section 4.The Town of Estes Park hereby recognizes and agrees that its
obligation to repay its portion of the bonded indebtedness of the Subdistrict relating to the
Windy Gap project does now and will in the future continue to exist;that said obligations
will not be discharged until the repayment of all bonded indebtedness incurred by the
Subdistrict as of the date hereof and that the Subdistrict may levy a special assessment
pursuant to C.R.S.37-45-123 on lands within the Town pursuant to the terms of the
Water Allotment Contract to the Town of Estes Park dated July ii,1975,in the event
that Subdistrict does not,for any reason,including,but not limited to,the insolvency or
bankruptcy of M.D.C.Land Corporation,the Superior Metropolitan District Nos.1,2,or
3,(with regard to all thirty-five (35)units originally transferred pursuant to Ordinance 4-
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88),the Town of Erie (with regard to three (3)of the original thirty-five (35)Units
transferred to the Superior Metropolitan District No.1),or the City of Louisville (with
regard to the six (6)of the original thirty-five (35)Units transferred to the Superior
Metropolitan District No 1),receive the annual payments required by the Water
Allotment contracts of the Town of Erie and/or the City of Louisville,or in the event that
the Water Allotment contracts of the Town of Erie and/or the City of Louisville are
terminated by the Subdistrict according to their terms.
Section 5.The adoption of this Ordinance,and the execution of the
documents authorized herein,shall not revoke or repeal Ordinance No.10-75 of the
Town of Estes Park,as adopted on May 13,1975,nor Ordinance No.4-88 of the Town of
Estes Park,as adopted on March 31,1988.
Section 6.The Board of Trustees of the Town of Estes Park,Colorado,
herewith finds,determines and designates that this Ordinance is necessary for the
immediate preservation of the public peace,health and safety in order to immediately
authorize the transfer of the Windy Gap water,and since it is the opinion of the Board of
Trustees that an emergency exists,this Ordinance shall take effect upon its adoption.
PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS
_____
DAY OF Septemke.r ,2002.
TOWN OF ESTES PARK,COLORADO
)4Ayor
ATTEST:C.”
&ai acQikk
Deputy Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the 24111 day of September,2002,and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the
day of c.g€ffrrflj7tr ,2002.
TOWN OF ESTES PARK
vawt /1SLQ1ITtJZOW .‘
Deputy Town Clerk
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PETITION TO
MUNICIPAL SUBDISTRICT
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR WATER ALLOTMENT CONTRACT
The Town of Erie,Colorado,a Colorado municipal
corporation,acting by and through the Erie Water
Enterprise (hereinafter “Petitioner”),hereby petitions the
Municipal Subdistrict,Northern Colorado Water Conservancy
District,a political subdivision of the State of Colorado,and
a body corporate with all the powers of a public or municipal
corporation (hereinafter called “Subdistrict”)organized and
existing by virtue of C.R.S.§37-45-101 et ag.,for an
allotment contract pursuant to C.R.S.§37-45-123,for the
beneficial use of water under and pursuant to the following
terms and conditions:
1.Definitions.The following definitions shall apply:
(a)“Acre-foot”shall mean 43,560 cubic-feet of
water and any volume of water delivered by the
Subdistrict will be computed on the assumption
that a flow of one cubic-foot of water per second
of time will equal two acre-feet in twenty-four
hours.
(b)“Board”shall mean the Board of Directors of
the Subdistrict.
(c)“Carriage Contract”shall mean that
Amendatory Contract entered into on March 1,
1990,between the Subdistrict,the Northern
Colorado Water Conservancy District,and the
United States of America for the purpose of
utilizing the unused capacity of the facilities
of the Colorado-Big Thompson Reclamation Project
for the carriage of water developed by the
Subdistrict,and any subsequent amendments or
successor contracts for the same purpose.
(d)“Delivered Water”is that Subdistrict water
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delivered to Petitioner for use by thePetitioner.
(e)“Entity”shall mean any public corporation,
person,mutual ditch company,water users’association or private corporation.
(f)“Operating Agreement”shall mean an
agreement required by the Subdistrict forprovisionofservicesthatmayberequested byPetitionerandwhichcanbeprovidedbytheSubdistrict.Said agreement may contain,but not
be limited to,provisions relating to thequantity,location or time of water delivered
pursuant to this Contract,provisions for the
payment by Petitioner of costs associated with
the construction,modification,operation,
maintenance,repair or administration of new oradditionalfacilitieswhicharerequiredtodeliverwatertoPetitioneratprojectsystemdeliverypointsifsaidfacilitiesarenecessary
to provide water to Petitioner in a manner whichwillnotimpairtheabilityoftheSubdis
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trict to deliver water to other allottees of the Subdistrict,or
provisions for the payment of costs which may arise from
services to Petitioner not otherwise provided for under this
Contract.
(g)“Project water”shall mean all water that
accrues to the use of the Northern Colorado Water
Conservancy District or its allottees by reason
of the Colorado-Big Thompson Reclamation Project.
(h)“Subdistrict water”shall mean the quantity
of water acquired and obtained by the Subdistrict
from the development and construction of the
Windy Gap Project pursuant to applicable state
law,and which the Subdistrict introduces into
the project system either directly or by exchange
and which is deliverable to the Subdistrict
through the project works.
Ci)“Unit”shall mean 1/480th of the Subdistrict
water supply annually made available for
distribution by the Board.
(j)“Water Year”shall mean the period from
November 1 of one calendar year through October
31 of the next succeeding calendar year.
(k)“Windy Gap Project”shall mean that project
(including the acquisition and perfection of
water rights)constructed by the Subdistrict for
the diversion of waters from the Colorado River
at or near its confluence with the Fraser River
and Carriage of this Subdistrict water to the
Eastern Slope for beneficial use pursuant to the
terms of the Carriage Contract.For purposes of
this Contract,said Project is defined as thosefacilitiesnecessarytodivert,pump,store,
regulate,and introduce into the Colorado-Big
Thompson Project that quantity of Subdistrict
water which will produce an average deliverable
quantity of water equal to approximately 48,600
acre-feet per water year under the water rights
decreed to the Windy Gap Project and in
accordance with all applicable agreements,court
decrees and orders.
2.Quantity of Water.Petitioner petitions for 3 Units of
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Subdistrict water for annual delivery commencing as of
the date of the granting of this petition by the Board
and for so long thereafter as Petitioner fully
complies with all the terms,conditions andobligationshereinaftersetforth,but in no event for
a term less than the period required for the payment
of bonds or other fixed indebtedness incurred by theSubdistrictfortheWindyGapProjectduringanyperiodpriortotransferofapartorallofPetitioner’s allotment to an entity within theSubdistrict.
3.Use of Water.Petitioner agrees that any Subdistrict
water allotted by the Board shall be for domestic,irrigation,municipal and industrial use within orthroughfacilitiesoruponlandsownedorservedbysaidPetitioner,provided,however,that Ci)alllands,facilities and service areas which receivebenefitfromtheallotment(whether water service isprovidedbydirectdelivery,by exchange or otherwise)shall be situated within the boundaries of theSubdistrict,and (ii)said water may be seasonallytransferredbyPetitionerforsuchuseswithin
Northern Colorado Water Conservancy District orSubdistrictboundaries.Petitioner also agrees to Ci)account for,by the use of separate water meters,alldeliveriesofwatertousersthatwillreceiveSubdistrictwater;(ii)certify,prior to November 1
of each year,that it owns,leases or otherwisecontrolssufficientwaterfromsourcesotherthanSubdistrictwatertosupplywaterforthenextwateryeartoanyandallserviceareaslocatedoutsideoftheSubdistrictboundaries;and (iii)provide to theSubdistrict,on or before November 30 of each year,a
complete accounting of the disposition and use of all
water used by it during the previous water year.Petitioner shall not receive Subdistrict water inexcessofthequantityrequiredbythemetereduses of
water which are within the Subdistrict boundaries.
Nothing herein shall prevent the Petitioner fromreusingSubdistrictwater,by direct delivery,
exchange or otherwise,provided that the first usethereofisforbenefitoflands,facilities andserviceareaswithintheboundariesoftheNorthern
Colorado Water Conservancy District or Subdistrict or
as otherwise provided by law and Subdistrict policy
and regulations.
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4.Delivery of Subdistrict Water.Pursuant to terms of
the Carriage Contract,the introduction,storage,
carriage and release of Subdistrict water into,
through or from the Colorado-Big Thompson project
system and the manner of delivery,measurement and
accounting therefor shall be in accordance with
procedures in use between the United States and
Northern Colorado Water Conservancy District for the
delivery of Project water or as such procedures are
herein or may hereafter be modified by agreement of
the parties.Deliveries of Subdistrict water to
Subdistrict and its allottees shall be made by the
United States and the Northern Colorado Water
Conservancy District at project system delivery
points.No part of Petitioner’s Subdistrict water
shall be delivered to another entity without the
written authorization of Petitioner.
5.Annual Charges.Petitioner agrees to pay the following
annual charges:
(a)Commencing in 2003 and annually thereafter
an amount per Unit as allocated by this contract
equal to 1/480th of the sum of (i)the annual
charge required to pay the principal,interest
and premium,if any,on bonds issued or other
fixed indebtedness incurred by Subdistrict to
finance the acquisition and construction of the
Windy Gap Project;(ii)the annual costs,
exclusive of those costs set forth in Paragraph
(b)of this Article,incurred by Subdistrict in
the administration,operation,maintenance,
repair,and rehabilitation of Windy Gapfacilitiesandsuchotherannualcosts as may
arise from and be attributable to the operation
of windy Gap Project;(iii)an annual amount to
establish and maintain a reserve equal to the
maximum principal and interest due or to become
due in the succeeding year on all outstanding
bonds or other fixed indebtedness of the
Subdistrict;(iv)such an annual amount,as the
Board shall determine to be necessary,to
establish and maintain an operating and
maintenance reserve equal to eighteen months
operating and maintenance costs;and (v)such
other reserves as the Board shall determine are
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necessary for operation,maintenance,renewal or
replacement of Subdistrict facilities.
(b)An amount per acre-f oot of Subdistrict water
delivered to Petitioner,Said amount shall be due
and payable annually and shall be the sum of (i)
the annual per acre-foot carriage charge levied
in accordance with the Carriage Contract;and
(ii)an annual per acre-foot charge for the
energy costs incurred in the operation of those
Windy Gap Project facilities required to divert,
pump,store or introduce such water into the
Colorado-Big Thompson Project for carriage and
delivery to the Subdistrict.
6.Estimated Demand and Delivery Schedule.On or before
August 1 of each year,Petitioner shall provide
Subdistrict with an estimated demand and delivery
schedule,not to exceed the amount of Subdistrict
water allotted herein,for its Subdistrict water for
the following Water Year.This schedule shall contain
the time,delivery points and quantities of water
which Petitioner estimates it shall require.This
schedule may be modified from time to time as the need
warrants within the physical capabilities of the
delivery system and subject to advance payment by thePetitionerofthechargesestablishedinArticle5(d)
of the Carriage Contract.
7.Estimate Statement.Subdistrict shall furnishPetitionerwithanestimatedstatementofanticipated
assessments required under Article 5(a)or 5(b)
hereof,or both,on or before August 31 of each year,
which statement shall be used by Petitioner for
budgeting purposes for the following fiscal year.
8.Payment of Charges.On or before March 1 of each year,Subdistrict shall render a billing statement toPetitionerforpaymentofallchargesandcosts due
under this contract,as based upon estimated demand
for that year as provided in Article 6 hereof.The
estimated assessment shall be based upon actual costs
incurred during the previous Water Year,plus suchadditionalamountsreasonablyattributabletoinflation.Any credit from the previous Water Year or
any additional charges from the previous Water Yearshallbeincludedinthebillingstatementrendered.
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Petitioner shall pay the net charges shown on the
billing statement of estimated assessments on or
before April 1 after receipt of statement.
9.Security.
(a)As security to the Subdistrict,the
Petitioner agrees,to the extent permitted by
law,to be bound by the provisions of C.R.S.§
37-45-123,and that the foregoing covenant of
annual payments will be met,to the extent
permitted by law,from assessments levied by the
Subdistrict pursuant to C.R.S.§37-45-123,or,
at the option of Petitioner,such annual payments
may be fully or partially met by appropriation of
funds from such sources of revenue as may be
legally available to said Petitioner for such
purpose.Further,the Petitioner agrees to
continue to make the annual payments,as defined
in Article S of this contract,for those Units of
Subdistrict water allotted to it and for which
Petitioner is obligated by the adoption of a
resolution which resolution expressly shall not
be repealable until all bonded indebtedness of
the Subdistrict incurred during any period prior
to transfer of a part or all of Petitioner’s
allotment is paid in full according to the terms
of any bond indenture or other indenture issued
by Subdistrict.This is not intended to create a
General Obligation of Debt of the Petitioner.
(b)As further security for the payment of the
annual charges required by this allotment
contract,Petitioner also agrees to provide the
Superior Metropolitan District No.1 (“Superior”)
and the Town of Estes Park (“Estes Park”)with an
annual,irrevocable,standby letter of credit in
the amount estimated to equal one year of annual
charges under this allotment contract,whichletterofcreditshallberenewedonJune1 of
each calendar year,or Petitioner shall deposit
one year of such estimated annual charges into an
escrow account,which shall be payable to the
Subdistrict in the event of a failure of
Petitioner to timely pay such annual charges.
Superior and Estes Park hereby convey to
Subdistrict the right to exercise their rights
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under the letter of credit.Petitioner shall be
required to maintain the letter of credit or
escrow account until all bonded indebtedness of
the Subdistrict incurred during any period prior
to transfer of a part or all of Petitioner’s
allotment is paid in full according to the terms
of any bond indenture or other indenture issued
by Subdistrict.If Petitioner,with approval of
the Board,transfers all or part of its allotment
to another entity within the Subdistrict,it
shall be relieved of the requirement to maintain
a letter of credit or escrow account to the
extent that the transferee provides equivalentsubstitutesecurity.
Cc)Petitioner,Superior and Estes Park agreethattheexistenceoforrelianceupontheletter
of credit or escrow account does not affect or
modify Petitioner’s obligations hereunder or theobligationsofSuperiororEstesParktoSubdistrictundertheWaterAllotmentContracts
dated April 1,1988,and July 11,1975,respectively.
10.Default.
(a)Notice of Non-Payment or Non-Renewal.If any
payment of annual charges,as herein provided,is
not made by the due date,or if the letter ofcreditorescrowaccountdescribedinparagraph
(9)(b)above are not maintained or renewed as
required therein,written notice thereof will be
given by the Subdistrict to Petitioner at the
following designated address:
Town of EriedoTownAdministrator
645 Holbrook
P.O.Box 750
Erie,Colorado 80516
or at such other address as is furnished toSubdistrictbythePetitioner,and to Superior at
the following designated address:
Public Works and Utilities
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Town of Superior
124 E.Coal Creek Drive
Superior,Colorado 80027
or at such other address as is furnished to
Subdistrict by Superior,and to Estes Park at the
following designated address:
Town Administrator
Town of Estes Park
170 MacGregor
P.O.Box 1200
Estes Park,Colorado 80517
or at such other address as furnished to
Subdistrict by Estes Park.
(b)Default.Subdistrict may,in its sale
discretion,declare Petitioner to be in default
of this allotment contract if all annual payments
due under this allotment contract are not made by
or on behalf of Petitioner,or if the letter of
credit or escrow account described in paragraph
(9)(b)above are not maintained or renewed as
required therein,within 15 days of the date of
the Notice of Non-payment provided in accordance
with Article 10(a)hereof.Subdistrict shall not
be deemed to have waived or relinquished the
right to declare a default by virtue of any delay
in the declaration of such default after the
expiration of the 15 day period provided for in
this Article 10(b)
Cc)Reversion.Upon the declaration of default
by the Subdistrict,this allotment contract shall
terminate,and Petitioner shall have no further
right,title or interest in the 3 Units of
Subdistrict water under this allotment contract
except as is provided in Article 10(d)below.At
the time of any such default if all bonds or
other fixed indebtedness incurred by the
Subdistrict for the Windy Gap Project during any
period prior to transfer of a part of or all of
Petitioners allotment have been paid in full,all
right,title and interest in and to the 3 Units
of Subdistrict water under this allotment
contract shall vest in the Subdistrict for
subsequent use or disposition in its sale and
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exclusive discretion in the event that the annual
obligations created by article 5(a)(ii)Ciii)
(iv)and (v)hereof are not paid.At the time of
any such default if there exist amounts due under
any of the bonds or other fixed indebtedness
incurred by the Subdistrict for the Windy Gap
Project during any period prior to transfer of a
part of or all of Petitioners allotment,allright,title and interest in or to the 3 Units ofSubdistrictwaterunderthisallotmentcontractshallimmediatelyre-vest in Superior in
accordance with and upon the terms of the Water
Allotment Contract dated April 1,1988,between
Superior and the Subdistrict,as though such
units had never been transferred to Petitioner.
Written notice of said default shall be provided
by Subdistrict to Petitioner and to Superior and
Estes Park.Thereafter,Superior shall make
payment of all annual charges due under its Water
Allotment Contract,including the 3 Units
formerly allotted by Subdistrict to Petitioner,all as provided for in Superior’s Allotment
Contract,dated April 1,1988,specificallyArticle9thereof.If Superior shall fail to
make timely payment of its obligations under the
Water Allotment Contract dated April 1,1988,allright,title and interest in or to the 3 Units ofSubdistrictwaterunderthisallotmentcontractshallimmediatelyre-vest in Estes Park in
accordance with and upon the terms of the Water
Allotment Contract dated July 11,1975,between
Estes Park and the Subdistrict,as though suchunitshadneverbeentransferredtoSuperior.
Written notice of Superior’s default shall be
provided by Subdistrict to Petitioner,Superior
and Estes Park.Thereafter,Estes Park shall make
payment of all annual charges due under its Water
Allotment Contract,including the 3 Units
formerly allotted by Subdistrict to Petitioner,all as provided for in Estes Park Allotment
Contract,dated July 11,1975,specificallyArticle9thereof.
(d)Re-Allotment.Subdistrict agrees that itwill,upon the filing of a petition byPetitioner,and notice and hearing,re-allot toPetitioneronthetermsandconditionsofthis
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allotment contract all or a portion of the Units
of Subdistrict water held by Superior or Estes
Park subseauent to a default of this allotment
contract upon a finding that all amounts owed by
Petitioner and Superior or and Estes Park
pursuant to this allotment contract have been
paid to Subdistrict and that Petitioner is
entitled to such re-allotment,which findings
shall be made by the Subdistrict Board within 60
days of the filing of the petition.Such re
allotment shall likewise be subject to vesting in
the Subdistrict or reversion to Superior or Estes
Park in the event of a subsequent declaration of
default,all in accordance with the provisions of
this allotment contract,including without
limitation this Article 10.
11.Beneficial Use of Water.Petitioner agrees that the
water allotment shall be beneficially used for the
purposes and in the manner specified herein,and this
allotment contract is made for the exclusive benefit
of the Petitioner and shall not inure to the benefit
of any successors or assigns of said Petitioner
without prior specific approval by the Board,except
as provided in Article 16 hereof.
12.Operating Agreement.Petitioner acknowledges and
understands that Subdistrict water is only delivered
at project system delivery points and that allfacilities,lands,rights-of-way and easements
necessary for the delivery of Subdistrict water to
Petitioner’s service area are at the sole cost and
responsibility of Petitioner to acquire,construct,
operate and maintain.Further,Petitioner recognizes
and understands that the delivery of Subdistrict water
to Petitioner through the Colorado-Big Thompson System
is limited during certain periods during the Water
Year and that it is necessary to enter into an
Operating Agreement with Subdistrict providing for the
means,times and other matters relating to the
delivery of Subdistrict water to Petitioner.Delivery
concerns and problems,including scheduling,may
require Petitioner to construct,operate and maintain
storage,transmission and other facilities for the use
of its Subdistrict water.Notwithstanding the
foregoing,the Petitioner may take delivery of
Subdistrict water on a year-round basis from Carter
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Lake through the Southern Water Supply Project
Pipeline,pursuant to and in accordance withPetitioner’s allotment contracts therefor and
applicable District and Subdistrict procedures,rules
and regulations.
13.Limitations on Rights of Petitioner.In addition toalltheotherterms,conditions and covenants
contained herein,it is specifically understood and
agreed by and between the parties hereto that the
rights of Petitioner hereunder are subject to the
following terms,conditions and limitations,to allintentsandpurposesasthoughsetforthverbatim
herein,and made a part hereof by reference,to-wit:
(a)The Water Conservancy Act of Colorado;
(b)The Amendatory Carriage Contract dated March
1,1990,between Subdistrict,the Northern
Colorado Water Conservancy District,and the
United States of America,provided,that if any
amendment is proposed which would affect therightofPetitionertoreuseSubdistrictwater,
the approval of such amendment shall first be
obtained from the Petitioner.
(c)The Rules,Regulations and Policies of the
Board,as may be amended from time to time,
including but not limited to the Subdistrict
Policy Regarding First Use,Reuse,Successive Use
or Other Disposition of Subdistrict Water,as
adopted by the Board on October 11,1985,and theSubdistrictInclusionPolicy,as adopted by the
Board on October 11,1985.
14.Transfer of Allotment.If Petitioner,with approval of
the Board,transfers a part of its allotment to
another entity within the Subdistrict,Petitioner
shall be relieved of its obligation hereunder to the
extent of said transfer,except as otherwise providedherein.If Petitioner,with approval of the Board,transfers all of its allotment to another entity
within the Subdistrict,Petitioner shall no longerparticipateintheWindyGapProjectandthePetitionershallberelievedofitsobligationsexcept
as otherwise provided herein.
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15.Future Participation.Nothing herein shall be
construed in any manner that will obligate Petitioner
to participate in any future or other project of the
Subdistrict or preclude Petitioner from participation
therein.
16.Authorization.Petitioner attaches hereto a true and
correct copy of Petitioner’s records authorizing the
officers,whose names appear hereon,to make this
petition.
17.Entire Agreement.This allotment contract,together
with the statutes,contracts,rules,regulations and
policies listed or incorporated herein,constitutes
the sole agreement and understanding of the parties
and may not be interpreted,modified or changed by
reference to other documents,understandings or
agreements,whether written or oral,unless the
interpretation,modification or change is subsequently
agreed to in writing by the parties hereto.
18.Confirmation.This allotment contract,an all
agreements related thereto,may be confirmed by
Subdistrict pursuant to C.R.S.§37-45-143.
Dated:
__________________________
,2002.
TOWN OF ERIE,COLORADO,A COLORADO
MUNICIPAL CORPORATION,ACTING BY AND
THROUGH THE ERIE WATER ENTERPRISE
By:_
Title:
ATTEST:
By:
Title:
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AGREEMENT OF SUPERIOR
METROPOLITAN DISTRICT NO.1
The Superior Metropolitan District No.1 hereby agrees:
Ci)that the existence of a reliance upon this water allotmentcontractdoesnotaffectormodifyitsobligationsunderits
water allotment contract dated April 1,1988;(ii)to be bound
by the provisions of this water allotment contract,as the same
may apply to it,including without limitation,the provisions ofArticles10(c)and 10(d)hereof;and (iii)its agreement inclause(ii)above does not represent the creation or assumption
of any new obligations,but,instead,represents thecontinuationofitsobligationsunderitswaterallotmentcontractdatedApril1,1988.This Agreement is made inconsiderationoftheSubdistrictapprovingthetransfer of 3UnitsofSubdistrictwatertotheTownofErie,Colorado,a
Colorado municipal corporation,acting by and through the Erie
Water Enterprise,and is made in order to implement theprovisionsoftheSuperiorMetropolitanDistrictNo.1 waterallotmentcontract,dated April 1,1988,regarding transfers.
SUPERIOR METROPOLITAN DISTRICT NO.1
By:
Title:
ATTEST:
By:
Title:
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AGREEMENT OF TOWN OF ESTES PARK
The Town of Estes Park,Colorado,hereby agrees:U)that
the existence of or reliance upon this water allotment contract
does not affect or modify its obligations under its water
allotment contract dated July 11,1975;(ii)to be bound by the
provisions of this water allotment contract,as the same may
apply to it,including without limitation,the provisions of
Articles 10(c)and 10(d)hereof;and (iii)its agreement in
clause (ii)above does not represent the creation or assumption
of any new obligations,but,instead,represents the
continuation of its obligations under its water allotment
contract dated July 11,1975.This Agreement is made in
consideration of the Subdistrict approving the transfer of 3
Units of Subdistrict water to the Town of Erie,Colorado,a
Colorado municipal corporation,acting by and through the Erie
Water Enterprise,and is made in order to implement the
provisions of the Town of Estes Park water allotment contract,
dated July 11,1975,regarding transfers.
TOWN OF ESTES PARK
By:
Title:
ATTEST:
By:
Title:
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PETITION TO
MUNICIPAL SUBDISTRICT
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR WATER ALLOTMENT CONTRACT
The City of Louisville,Colorado,a Colorado home rule
municipal corporation,acting by and through the City ofLouisvilleWaterActivityEnterprise(hereinafter “Petitioner”),
hereby petitions the Municipal Subdistrict,Northern Colorado
Water Conservancy District,a political subdivision of the State
of Colorado,and a body corporate with all the powers of a
public or municipal corporation (hereinafter called
“Subdistrict”)organized and existing by virtue of C.R.S.§37-
45-101 et for an allotment contract pursuant to C.R.S.§
37-45-123,for the beneficial use of water under and pursuant to
the following terms and conditions:
1.Definitions.The following definitions shall apply:
(a)“Acre-foot”shall mean 43,560 cubic-feet of
water and any volume of water delivered by theSubdistrictwillbecomputedontheassumptionthataflowofonecubic-foot of water per second
of time will equal two acre-feet in twenty-four
hours.
(b)“Board”shall mean the Board of Directors of
the Subdistrict.
(c)“Carriage Contract”shall mean that
Amendatory Contract entered into on March 1,
1990,between the Subdistrict,the Northern
Colorado Water Conservancy District,and the
United States of America for the purpose ofutilizingtheunusedcapacityofthefacilities
of the Colorado-Big Thompson Reclamation Project
for the carriage of water developed by theSubdistrict,and any subsequent amendments or
successor contracts for the same purpose.
Cd)“Delivered Water”is that Subdistrict water
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delivered to Petitioner for use by thePetitioner.
Ce)“Entity”shall mean any public corporation,
person,mutual ditch company,water users’association or private corporation.
(f)“Operating Agreement”shall mean an
agreement required by the Subdistrict forprovisionofservicesthatmayberequested byPetitionerandwhichcanbeprovidedbytheSubdistrict.Said agreement may contain,but not
be limited to,provisions relating to thequantity,location or time of water delivered
pursuant to this Contract,provisions for the
payment by Petitioner of costs associated with
the construction,modification,operation,
maintenance,repair or administration of new oradditionalfacilitieswhicharerequiredtodeliverwatertoPetitioneratprojectsystemdeliverypointsifsaidfacilitiesarenecessarytoprovidewatertoPetitionerinamannerwhichwillnotimpairtheabilityoftheSubdis
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trict to deliver water to other allottees of the Subdistrict,or
provisions for the payment of costs which may arise from
services to Petitioner not otherwise provided for under this
Contract.
(g)“Project water”shall mean all water that
accrues to the use of the Northern Colorado Water
Conservancy District or its allottees by reason
of the Colorado-Big Thompson Reclamation Project.
(h)“Subdistrict water”shall mean the quantity
of water acquired and obtained by the Subdistrict
from the development and construction of the
Windy Gap Project pursuant to applicable state
law,and which the Subdistrict introduces into
the project system either directly or by exchange
and which is deliverable to the Subdistrict
through the project works.
(i)“Unit”shall mean 1/480th of the Subdistrict
water supply annually made available fordistributionbytheBoard.
(j)“Water Year”shall mean the period from
November 1 of one calendar year through October
31 of the next succeeding calendar year.
(k)“Windy Gap Project”shall mean that project
(including the acquisition and perfection of
water rights)constructed by the Subdistrict for
the diversion of waters from the Colorado River
at or near its confluence with the Fraser River
and Carriage of this Subdistrict water to the
Eastern Slope for beneficial use pursuant to the
terms of the Carriage Contract.For purposes ofthisContract,said Project is defined as thosefacilitiesnecessarytodivert,pump,store,
regulate,and introduce into the Colorado-Big
Thompson Project that quantity of Subdistrict
water which will produce an average deliverable
quantity of water equal to approximately 48,600
acre-feet per water year under the water rights
decreed to the Windy Gap Project and in
accordance with all applicable agreements,court
decrees and orders.
2.Quantity of Water.Petitioner petitions for 6 Units of
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Subdistrict water for annual delivery commencing as ofthedateofthegrantingofthispetitionbytheBoard
and for so long thereafter as Petitioner fully
complies with all the terms,conditions andobligationshereinaftersetforth,but in no event for
a term less than the period required for the payment
of bonds or other fixed indebtedness incurred by theSubdistrictfortheWindyGapProjectduringanyperiodpriortotransferofapartorallofPetitioner’s allotment to an entity within theSubdistrict.
3.Use of Water.Petitioner agrees that any Subdistrict
water allotted by the Board shall be for domestic,irrigation,municipal and industrial use within orthroughfacilitiesoruponlandsownedorservedbysaidPetitioner,provided,however,that (i)alllands,facilities and service areas which receivebenefitfromtheallotment(whether water service isprovidedbydirectdelivery,by exchange or otherwise)shall be situated within the boundaries of theSubdistrict,and (ii)said water my be seasonallytransferredbyPetitionerforsuchuseswithin
Northern Colorado Water Conservancy District orSubdistrictboundaries.Petitioner also agrees to Ci)account for,by the use of separate water meters,alldeliveriesofwatertousersthatwillreceiveSubdistrictwater;(ii)certify,prior to November 1
of each year,that it owns,leases or otherwisecontrolssufficientwaterfromsourcesotherthanSubdistrictwatertosupplywaterforthenextwateryeartoanyandallserviceareaslocatedoutsideoftheSubdistrictboundaries;and (iii)provide to theSubdistrict,on or before November 30 of each year,acompleteaccountingofthedispositionanduseofallwaterusedbyitduringthepreviouswateryear.Petitioner shall not receive Subdistrict water in
excess of the quantity required by the metered uses ofwaterwhicharewithintheSubdistrictboundaries.
Nothing herein shall prevent the Petitioner fromreusingSubdistrictwater,by direct delivery,
exchange or otherwise,provided that the first usethereofisforbenefitoflands,facilities andserviceareaswithintheboundariesoftheNorthern
Colorado Water Conservancy District or Subdistrict or
as otherwise provided by law and Subdistrict policy
and regulations.
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4.Delivery of Subdistrict Water.Pursuant to terms of
the Carriage Contract,the introduction,storage,
carriage and release of Subdistrict water into,
through or from the Colorado-Big Thompson project
system and the manner of delivery,measurement and
accounting therefor shall be in accordance with
procedures in use between the United States and
Northern Colorado Water Conservancy District for the
delivery of Project water or as such procedures are
herein or may hereafter be modified by agreement of
the parties.Deliveries of Subdistrict water to
Subdistrict and its allottees shall be made by the
United States and the Northern Colorado Water
Conservancy District at project system delivery
points.No part of Petitioner’s Subdistrict water
shall be delivered to another entity without the
written authorization of Petitioner.
5.Annual Charges.Petitioner agrees to pay the following
annual charges:
(a)Commencing in 2003 and annually thereafter
an amount per Unit as allocated by this contract
equal to 1/480th of the sum of (i)the annual
charge required to pay the principal,interest
and premium,if any,on bonds issued or other
fixed indebtedness incurred by Subdistrict to
finance the acquisition and construction of the
Windy Gap Project;(ii)the annual costs,
exclusive of those costs set forth in Paragraph
(b)of this Article,incurred by Subdistrict in
the administration,operation,maintenance,
repair,and rehabilitation of Windy Gapfacilitiesandsuchotherannualcosts as mayarisefromandbeattributabletotheoperation
of Windy Gap Project;(iii)an annual amount to
establish and maintain a reserve equal to the
maximum principal and interest due or to become
due in the succeeding year on all outstanding
bonds or other fixed indebtedness of the
Subdistrict;(iv)such an annual amount,as the
Board shall determine to be necessary,to
establish and maintain an operating and
maintenance reserve equal to eighteen months
operating and maintenance costs;and Cv)such
other reserves as the Board shall determine are
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necessary for operation,maintenance,renewal or
replacement of Subdistrict facilities.
(b)An amount per acre-foot of Subdistrict waterdeliveredtoPetitioner.Said amount shall be due
and payable annually and shall be the sum of (i)the annual per acre-foot carriage charge levied
in accordance with the Carriage Contract;and(ii)an annual per acre-foot charge for the
energy costs incurred in the operation of those
Windy Gap Project facilities required to divert,
pump,store or introduce such water into the
Colorado-Big Thompson Project for carriage anddeliverytotheSubdistrict.
6.Estimated Demand and Delivery Schedule.On or before
August 1 of each year,Petitioner shall provideSubdistrictwithanestimateddemandanddeliveryschedule,not to exceed the amount of Subdistrict
water allotted herein,for its Subdistrict water forthefollowingWaterYear.This schedule shall containthetime,delivery points and quantities of water
which Petitioner estimates it shall require.Thisschedulemaybemodifiedfromtimetotimeasthe needwarrantswithinthephysicalcapabilitiesofthedeliverysystemandsubjecttoadvancepaymentbythePetitionerofthechargesestablishedinArticle5(d)of the Carriage Contract.
7.Estimate Statement.Subdistrict shall furnishPetitionerwithanestimatedstatementofanticipatedassessmentsrequiredunderArticle5(a)or 5(b)hereof,or both,on or before August 31 of each year,
which statement shall be used by Petitioner forbudgetingpurposesforthefollowingfiscalyear.
8.Payment of Charges.On or before March 1 of each year,Subdistrict shall render a billing statement toPetitionerforpaymentofallchargesandcosts dueunderthiscontract,as based upon estimated demandforthatyearasprovidedinArticle6hereof.TheestimatedassessmentshallbebaseduponactualcostsincurredduringthepreviousWaterYear,plus suchadditionalamountsreasonablyattributabletoinflation.Any credit from the previous Water Year or
any additional charges from the previous Water Yearshallbeincludedinthebillingstatementrendered.
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Petitioner shall pay the net charges shown on thebillingstatementofestimatedassessmentsonor
before April 1 after receipt of statement.
9.Security.
(a)As security to the Subdistrict,the
Petitioner agrees,to the extent permitted by
law,to be bound by the provisions of C.R.S.§
37-45-123,and that the foregoing covenant of
annual payments will be met,to the extent
permitted by law,from assessments levied by the
Subdistrict pursuant to C.R.S.§37-45-123,or,
at the option of Petitioner,such annual payments
may be fully or partially met by appropriation of
funds from such sources of revenue as may be
legally available to said Petitioner for such
purpose.Further,the Petitioner agrees to
continue to make the annual payments,as defined
in Article 5 of this contract,for those Units of
Subdistrict water allotted to it and for whichPetitionerisobligatedbytheadoptionofa
resolution which resolution expressly shall not
be repealable until all bonded indebtedness of
the Subdistrict incurred during any period prior
to transfer of a part or all of Petitioner’s
allotment is paid in full according to the terms
of any bond indenture or other indenture issued
by Subdistrict.This is not intended to create a
General Obligation of Debt of the Petitioner.
(b)As further security for the payment of the
annual charges required by this allotment
contract,Petitioner also agrees to provide the
Superior Metropolitan District No.1 (“Superior”)
and the Town of Estes Park (“Estes Park”)with an
annual,irrevocable,standby letter of credit in
the amount estimated to equal one year of annual
charges under this allotment contract,whichletterofcreditshallberenewedonJune1 of
each calendar year,or Petitioner shall deposit
one year of such estimated annual charges into an
escrow account,which shall be payable to the
Subdistrict in the event of a failure of
Petitioner to timely pay such annual charges.
Superior and Estes Park hereby convey to
Subdistrict the right to exercise their rights
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under the letter of credit.Petitioner shall be
required to maintain the letter of credit or
escrow account until all bonded indebtedness of
the Subdistrict incurred during any period prior
to transfer of a part or all of Petitioner’s
allotment is paid in full according to the terms
of any bond indenture or other indenture issued
by Subdistrict.If Petitioner,with approval of
the Board,transfers all or part of its allotment
to another entity within the Subdistrict,it
shall be relieved of the requirement to maintain
a letter of credit or escrow account to the
extent that the transferee provides equivalent
substitute security.
Cc)Petitioner,Superior and Estes Park agreethattheexistenceoforrelianceupontheletter
of credit or escrow account does not affect or
modify Petitioner’s obligations hereunder or the
obligations of Superior or Estes Park to
Subdistrict under the Water Allotment Contracts
dated April 1,1988,and July 11,1975,
respectively.
10.Default.
(a)Notice of Non-Payment or Non-Renewal.If any
payment of annual charges,as herein provided,is
not made by the due date,or if the letter ofcreditorescrowaccountdescribedinparagraph
9(b)above are not maintained or renewed as
required therein,written notice thereof will be
given by the Subdistrict to Petitioner at the
following designated address:
City of Louisville
749 Main Street
Louisville,Colorado 80027
Attention:City Manager
or at such other address as is furnished toSubdistrictbythePetitioner,and to Superior at
the following designated address:
Public Works and Utilities
Town of Superior
124 E.Coal Creek Drive
C a
Superior,Colorado 80027
or at such other address as is furnished to
Subdistrict by Superior,and to Estes Park at the
following designated address:
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Town Administrator
Town of Estes Park
170 MacGregor
P.O.Box 1200
Estes Park,Colorado 80517
or at such other address as furnished toSubdistrictbyEstesPark.
(b)Default.Subdistrict may,in its solediscretion,declare Petitioner to be in default
of this allotment contract if all annual payments
due under this allotment contract are not made by
or on behalf of Petitioner,or if the letter ofcreditorescrowaccountdescribedinparagraph
9W)above are not maintained or renewed asrequiredtherein,within 15 days of the date of
the Notice of Non-payment provided in accordance
with Article 10(a)hereof.Subdistrict shall not
be deemed to have waived or relinquished therighttodeclareadefaultbyvirtueofany delay
in the declaration of such default after theexpirationofthe15dayperiodprovidedfor inthisArticle10(b)
Cc)Reversion.Upon the declaration of default
by the Subdistrict,this allotment contract shallterminate,and Petitioner shall have no furtherright,title or interest in the 6 Units ofSubdistrictwaterunderthisallotmentcontract
except as is provided in Article 10(d)below.At
the time of any such default if all bonds orotherfixedindebtednessincurredbythe
Subdistrict for the Windy Gap Project during anyperiodpriortotransferofapartoforallofPetitionersallotmenthavebeenpaidinfull,allright,title and interest in and to the 6 Units
of Subdistrict water under this allotment
contract shall vest in the Subdistrict for
subsequent use or disposition in its sole andexclusivediscretionintheeventthattheannualobligationscreatedbyarticle5(a)(ii)(iii),
(iv)and (v)hereof are not paid.At the time of
any such default if there exist amounts due under
any of the bonds or other fixed indebtedness
incurred by the Subdistrict for the Windy Gap
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Proj ect during any period prior to transfer of a
part of or all of Petitioners allotment,all
right,title and interest in or to the 6 Units of
Subdistrict water under this allotment contract
shall immediately re-vest in Superior in
accordance with and upon the terms of the Water
Allotment Contract dated April 1,1988,between
Superior and the Subdistrict,as though such
units had never been transferred to Petitioner.
Written notice of said default shall be provided
by Subdistrict to Petitioner and to Superior and
Estes Park.Thereafter,Superior shall make
payment of all annual charges due under its Water
Allotment Contract,including the 6 Units
formerly allotted by Subdistrict to Petitioner,
all as provided for in Superior’s Allotment
Contract,dated April 1,1988,specifically
Article 9 thereof.If Superior shall fail to
make timely payment of its obligations under the
Water Allotment Contract dated April 1,1988,all
right,title and interest in or to the 6 Units of
Subdistrict water under this allotment contract
shall immediately re-vest in Estes Park in
accordance with and upon the terms of the Water
Allotment Contract dated July 11,1975,between
Estes Park and the Subdistrict,as though such
units had never been transferred to Superior.
Written notice of Superior’s default shall be
provided by Subdistrict to Petitioner,Superior
and Estes Park.Thereafter,Estes Park shall make
payment of all annual charges due under its Water
Allotment Contract,including the 6 Units
formerly allotted by Subdistrict to Petitioner,all as provided for in Estes Park Allotment
Contract,dated July 11,1975,specifically
Article 9 thereof.
Cd)Re-Allotment.Subdistrict agrees that it
will,upon the filing of a petition by
Petitioner,and notice and hearing,re-allot to
Petitioner on the terms and conditions of this
allotment contract all or a portion of the Units
of Subdistrict water held by Superior or Estes
Park subsequent to a default of this allotment
contract upon a finding that all amounts owed by
Petitioner and Superior or and Estes Park
pursuant to this allotment contract have been
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paid to Subdistrict and that Petitioner isentitledtosuchre-allotment,which findingsshallbemadebytheSubdistrictBoardwithin 60
days of the filing of the petition.Such reallotmentshalllikewisebesubjecttovesting intheSubdistrictorreversiontoSuperiororEstes
Park in the event of a subsequent declaration ofdefault,all in accordance with the provisions ofthisallotmentcontract,including withoutlimitationthisArticle10.
11.Beneficial Use of Water.Petitioner agrees that the
water allotment shall be beneficially used for thepurposesandinthemannerspecifiedherein,and thisallotmentcontractismadefortheexclusivebenefit
of the Petitioner and shall not inure to the benefit
of any successors or assigns of said Petitioner
without prior specific approval by the Board,except
as provided in Article 16 hereof.
12.Operating Agreement.Petitioner acknowledges andunderstandsthatSubdistrictwaterisonlydeliveredatprojectsystemdeliverypointsandthatallfacilities,lands,rights-of-way and easementsnecessaryforthedeliveryofSubdistrictwater toPetitioner’s service area,are at the sole cost andresponsibilityofPetitionertoacquire,construct,operate and maintain.Further,Petitioner recognizes
and understands that the delivery of Subdistrict watertoPetitionerthroughtheColorado-Big Thompson SystemislimitedduringcertainperiodsduringtheWater
Year and that it is necessary to enter into anOperatingAgreementwithSubdistrictproviding for the
means,times and other matters relating to thedeliveryofSubdistrictwatertoPetitioner.Deliveryconcernsandproblems,including scheduling,mayrequirePetitionertoconstruct,operate and maintainstorage,transmission and other facilities for the useofitsSubdistrictwater.Notwithstanding theforegoing,the Petitioner may take delivery ofSubdistrictwateronayear-round basis from Carter
Lake through the Southern Water Supply ProjectPipeline,pursuant to and in accordance withPetitioner’s allotment contracts therefor andapplicableDistrictandSubdistrictprocedures,rules
and regulations.
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13.Limitations on Rights of Petitioner.In addition toalltheotherterms,conditions and covenants
contained herein,it is specifically understood and
agreed by and between the parties hereto that the
rights of Petitioner hereunder are subject to the
following terms,conditions and limitations,to all
intents and purposes as though set forth verbatim
herein,and made a part hereof by reference,to-wit:
(a)The Water Conservancy Act of Colorado;
(b)The Amendatory Carriage Contract dated March
1,1990,between Subdistrict,the Northern
Colorado Water Conservancy District,and the
United States of America,provided,that if any
amendment is proposed which would affect therightofPetitionertoreuseSubdistrictwater,
the approval of such amendment shall first be
obtained from the Petitioner.
Cc)The Rules,Regulations and Policies of the
Board,as may be amended from time to time,
including but not limited to the Subdistrict
Policy Regarding First Use,Reuse,Successive Use
or Other Disposition of Subdistrict Water,as
adopted by the Board on October 11,1985,and theSubdistrictInclusionPolicy,as adopted by the
Board on October 11,1985.
14.Transfer of Allotment.If Petitioner,with approval of
the Board,transfers a part of its allotment to
another entity within the Subdistrict,Petitioner
shall be relieved of its obligation hereunder to the
extent of said transfer,except as otherwise provided
herein.If Petitioner,with approval of the Board,transfers all of its allotment to another entity
within the Subdistrict,Petitioner shall no longerparticipateintheWindyGapProjectandthePetitionershallberelievedofitsobligationsexcept
as otherwise provided herein.
15.Future Participation.Nothing herein shall be
construed in any manner that will obligate Petitioner
to participate in any future or other project of the
Subdistrict or preclude Petitioner from participation
therein.
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16.Authorization.Petitioner attaches hereto a true andcorrectcopyofPetitioner’s records authorizing theofficers,whose names appear hereon,to make thispetition.
17.Entire Agreement.This allotment contract,together
with the statutes,contracts,rules,regulations andpolicieslistedorincorporatedherein,constitutes
the sole agreement and understanding of the parties
and may not be interpreted,modified or changed byreferencetootherdocuments,understandings or
agreements,whether written or oral,unless theinterpretation,modification or change is subsequently
agreed to in writing by the parties hereto.
18.confirmation.This allotment contract,an all
agreements related thereto,may be confirmed bySubdistrictpursuanttoC.R.S.§37-45-143.
Dated:
__________________________
,2002.
CITY OF LOUISVILLE,COLORADO,A
COLORADO HOME RULE MUNICIPAL
CORPORATION,ACTING BY AND THROUGH THE
CITY OF LOUISVILLE WATER ACTIVITY
ENTERPRI SE
By:Title:
ATTEST:
By:Title:
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AGREEMENT OF SUPERIOR
METROPOLITAN DISTRICT NO.1
The Superior Metropolitan District No.1 hereby agrees:Ci)
that the existence of a reliance upon this water allotment
contract does not affect or modify its obligations under its
water allotment contract dated April 1,1988;(ii)to be bound
by the provisions of this water allotment contract,as the same
may apply to it,including without limitation,the provisions of
Articles 10(c)and 10(d)hereof;and (iii)its agreement in
clause (ii)above does not represent the creation or assumption
of any new obligations,but,instead,represents the
continuation of its obligations under its water allotment
contract dated April 1,1988.This Agreement is made in
consideration of the Subdistrict approving the transfer of 6
Units of Subdistrict water to the City of Louisville,Colorado,
a Colorado home rule municipal corporation,acting by and
through the City of Louisville Water Activity Enterprise,and is
made in order to implement the provisions of the Superior
Metropolitan District No.1 water allotment contract,dated
April 1,1988,regarding transfers.
SUPERIOR METROPOLITAN DISTRICT NO.1
By:Title:
ATTEST:
By:_
Title:
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AGREEMENT OF TOWN OF ESTES PARK
The Town of Estes Park,Colorado,hereby agrees:(i)thattheexistenceoforrelianceuponthiswaterallotmentcontract
does not affect or modify its obligations under its waterallotmentcontractdatedJuly11,1975;(ii)to be bound by theprovisionsofthiswaterallotmentcontract,as the same mayapplytoit,including without limitation,the provisions ofArticles10(c)and 10(d)hereof;and (iii)its agreement inclause(ii)above does not represent the creation or assumptionofanynewobligations,but,instead,represents thecontinuationofitsobligationsunderitswaterallotmentcontractdatedJuly11,1975.This Agreement is made inconsiderationoftheSubdistrictapprovingthetransfer of 6UnitsofSubdistrictwatertotheCityofLouisville,Colorado,
a Colorado home rule municipal corporation,acting by andthroughtheCityofLouisvilleWaterActivityEnterprise,and is
made in order to implement the provisions of the Town of EstesParkwaterallotmentcontract,dated July 11,1975,regardingtransfers.
TOWN OF ESTES PARK
By:_Title:
ATTEST:
By:Title: