Resolution 2018-40 - Laserfiche WebLink

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Works Modification and the pipeline. In 2016, the City of Fort Lupton transferred a portion of its allocated Original Capacity in the Carter Lake Outlet Works Modification and the pipeline to Tri-State Generation and Transmission Association, Inc. C. In 2001, the SWSP Enterprise initiated a project (the "Pump Project") to add pumping plants to SWSP I for the purpose of increasing the flow in the Carter Lake Outlet Works Modification and creating additional capacity to carry water in the pipeline. The Town of Berthoud, the City and County of Broomfield, the Town of Erie, the City of Fort Lupton, the City of Fort Morgan, the Town of Hudson, Little Thompson Water. District, Central Weld County Water District, the City of Longmont, the City of Louisville, Morgan County Quality Water District, Platte River Power Authority, Superior Metropolitan Water District and the SWSP Enterprise are parties to Allotment Contracts dated August 2001 ("2001 Allotment Contract"), under which the herein -stated SWSP I Allottees were allotted the perpetual, exclusive right to use their respective allocations of Additional Capacity in the Carter Lake Outlet Works Modification and the pipeline, as made available by the completion of the Pump Project, as well as a proportional allocation of the construction, operation, maintenance and other expenses associated with the creation of such. Additional Capacity. D. The SWSP Enterprise is developing a second water pipeline ("SWSP II"), which will supply additional untreated water for municipal purposes from Carter Lake to municipalities, water districts, and other entities located within the Northern Colorado Water Conservancy District that did not participate in SWSP I. Deliveries of water from Carter Lake to the participants in SWSP II will also be made through the Carter Lake Outlet Works Modification according to each SWSP Il participant's respective allotment contracts with the SWSP Enterprise. E. For the purposes of billing and cost allocation among the SWSP I participants for expenses related to completion of the Pump Project, the 2001 Allotment Contract differentiated between the "Additional Capacity" in SWSP I created by the Pump Project and the "Original Capacity" in SWSP I that existed prior to the construction of the Pump Project. However, the distinction between Original and Additional Capacity is no longer maintained by the SWSP Enterprise for billing and cost allocations; rather, the. SWSP Enterprise apportions costs among the Participants in both SWSP I and SWSP II in accordance with each Participant's allocation of capacity in the Carter Lake Outlet Works Modification and pipelines. F. The purpose of this Agreement is to formalize the existing practice of the SWSP Enterprise and to eliminate any distinctions between Additional and Original Capacity for SWSP I Participants and to reflect the SWSP I Allottees' respective pro rata share of the capacity in the Carter Lake Outlet Works Modification, as now allocated among the participants in both SWSP I and SWSP Il. AGREEMENT 1. For all purposes, including billing and cost allocations, the Parties agree that the use of the terms Additional Capacity and Original Capacity in the 2001 Allotment Contract shall be combined and treated in an identical manner, and allreferences thereto shall mean the SWSP