Resolution 2020-46 - Need Fully Executed Agreement

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CONSENT AGREEMENT This Consent Agreement ("Agreement") is entered into this day of 2020, by and between the Town of Berthoud, the City 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 District No. 1, and Tri-State Generation and Transmission Association, Inc. (collectively, "SWSP Participants"); and the Southern Water Supply Project Water Activity Enterprise ("SWSP Enterprise"), a government -owned business within the meaning of Article X, Section 20(2)(d) of the Colorado Constitution, that is organized pursuant to C.R.S. §§ 37-45.1-101, et seq. and owned by the Northern Colorado Water Conservancy District (a quasi -municipal entity and political subdivision of the State of Colorado, hereinafter described as "Northern"), and whose address is 220 Water Ave., Berthoud, Colorado, 80513. RECITALS A. WHEREAS, Erie and Broomfield are among the Participants in the Southern Water Supply Project ("SWSP"), a project conducted by the Enterprise to construct a pipeline to convey Colorado -Big Thompson Project and Windy Gap Project water supplies from the Carter Lake outlet works to Participants' service areas ("SWSP Pipeline"); B. WHEREAS, in 1994, the SWSP Participants entered into individual, but substantially similar, allotment contracts with the Enterprise, under which each Participant was allocated capacity in the SWSP Pipeline subject to certain terms and conditions, and as amended in 2003 ("SWSP Allotment Contracts"); C. WHEREAS, paragraph 4(e)(ii) of the SWSP Allotment Contracts provides that the rights -of -way acquired in connection with the SWSP Pipeline ("Project ROW") are retained by the Enterprise; however, an entity may secure a right to use a portion of the Project ROW for purposes not related to the SWSP upon approval of Northern's Board of Directors and reimbursement payment to the Participant(s) which paid for the portion of the Project ROW for such use;