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AGREEMENT REGARDING ALLOTMENT CONTRACTS WITH THE
<br />SOUTHERN WATER SUPPLY PROJECT WATER ACTIVITY ENTERPRISE,
<br />A WATER ACTIVITY ENTERPRISE OWNED BY
<br />THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
<br />FOR CAPACITY IN THE SOUTHERN WATER SUPPLY PROJECT
<br />This Agreement is made and entered into this
<br />and among:
<br />of ,2018,by
<br />the Town of Berthoud, the City and County of Broomfield, the Town of Erie, the City
<br />of Fort Lupton, the City of Fort Morgan, the Town of Hudson, Little Thompson
<br />Water District, Central Weld County Water District, the City of Longmont, the City
<br />of Louisville, Morgan County Quality Water District, Platte River Power Authority,
<br />Superior Metropolitan Water District, and Tri-State Generation and Transmission
<br />Association, Inc. (collectively, "SWSP I Allottees"); and
<br />the Southern Water Supply Project Water Activity Enterprise (hereinafter "the SWSP
<br />Enterprise"), a government -owned business within the meaning of Article X, Section
<br />20(2)(d) of the Colorado Constitution, that is organized pursuant to C.R.S. §§ 37-45.1-101,
<br />et seg. and owned by the Northern Colorado Water Conservancy District (a quasi -municipal
<br />entity and political subdivision of the State of Colorado), and whose address is 220 Water
<br />Ave., Berthoud, Colorado, 80513,
<br />for the purpose of clarifying the treatment of the SWSP I Allottees' allocation of capacity in the
<br />Southern Water Supply Project.
<br />RECITALS
<br />A. The SWSP Enterprise has designed, developed, and constructed a municipal water supply
<br />conveyance system know. n as the Southern Water Supply Project ("SWSP I") to provide
<br />untreated water from the Carter Lake Outlet Works Modification via pipeline to various
<br />municipalities, water districts, and other entities within the Northern Colorado Water
<br />Conservancy District. The SWSP I Allottees have entered into multiple contracts with the
<br />SWSP Enterprise for an allocation of capacity in SWSP I.
<br />B. The Town of Berthoud, the City and County of Broomfield, the Town of Erie, the City of Fort
<br />Lupton, the City of Fort Morgan, the Town of Hudson, Little Thompson Water District, Central
<br />Weld County Water District, the City of Longmont, the City of Louisville , Morgan County
<br />Quality Water District, Platte River Power Authority, Superior Metropolitan Water District
<br />and the SWSP Enterprise entered into Allotment Contracts dated January 1994 ("1994
<br />Allotment Contract"), under which the herein -stated SWSP I Allottees were granted the
<br />perpetual, exclusive right to use their respective allocations of Original Capacity in the Carter
<br />Lake Outlet Works Modification and the pipeline, as well as a proportional allocation of
<br />expenses associated with the construction, operation, maintenance of the Carter Lake Outlet
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