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RESOLUTION NO. 41 SERIES 2004 A RESOLUTION APPROVING THE THIRD INTERIM AGREEMENT BETWEEN THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, AND THE CITY OF LOUISVILLE FOR PARTICIPATION IN THE WINDY GAP FIRMING PROJECT WHEREAS, there has been proposed an agreement between the City of Louisville ("City") and the Municipal Subdistrict, Northern Colorado Water Conservancy District Windy Gap Firming Project Water Activity Enterprise ("WGF Enterprise") for the City's continued participation in the Windy Gap Firming Project ("WGFP"); and WHEREAS, the WGF Enterprise is developing a water storage project WGFP for the purpose of storing water produced by the Windy Gap Project, or other water that is physically and legally capable of being introduced into the WGFP from the facilities of the Colorado-Big Thompson Project; and WHEREAS, the overall WGFP costs will be divided among the entities which participate in WGFP; and WHEREAS, the First Phase of WGFP consisted of preliminary studies to evaluate potential reservoir sites; the First Phase has been accomplished and there appear to be a number of potential reservoir sites that may serve the m:eds ofWGFP; and WHEREAS, the Second Phase of WGFP consisted of engineering work, environmental studies, alternatives analysis and related work; the Second Phase has been accomplished; and WHEREAS, the Third Phase of \VGFP consists of environmental and other permitting, environmental studies, further engineering studies and preliminary design work, but not land acquisition; and WHEREAS, an agreement has been proposed regarding the Fourth Phase of the WGFP, which Phase will consist of a continuation of the activities started in the Third Phase, plus land acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The proposed Agreement for the Fourth Phase of the WGFP between the City of Louisville and WGF Enterprise, for the continuation of the activities started in the Third Phase plus land acquisition, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution.