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MEMORANDUM <br />Privileged and Confidential <br />TO: Cory Peterson <br />Kurt Kowar <br />City of Louisville <br />FROM: Peter C. Johnson <br />DATE: September 29, 2020 <br />RE: Windy Gap Firming Project - Questions of Louisville's Utility Committee <br />1. Please provide additional information related to the WGFP enterprise. Has this <br />enterprise already been formed or will it be formed as part of the firming project and <br />execution of the other associated agreements? <br />Answer: The WGFP Enterprise was created in 1999 by a resolution of the Board of <br />Directors of the Municipal Subdistrict of the Northern Colorado Water Conservancy <br />District. The purpose of the WGFP Enterprise is to investigate and pursue the WGFP in <br />a manner that will maximize the benefits of firming the supply of water from the Windy <br />Gap Project (i.e., providing storage for such water on the Front Range) for all <br />participants in the WGFP. This includes any activities in pursuit of the WGFP, <br />including construction, operation, repair, and replacement of Chimney Hollow <br />Reservoir and related WGFP facilities. <br />2. What is the governance structure of the proposed WGFP enterprise? Will there <br />be a separate governing board or will it be simply a sub -organization of the WGFP? If it <br />will be a separate board, how will appointments to the board be made? <br />Answer: The WGFP Enterprise is a government owned business owned by the <br />Municipal Subdistrict. The Board of Directors of the Municipal Subdistrict is also the <br />governing board of the WGFP Enterprise, which is consistent with the water activity <br />enterprise statute under which the WGFP Enterprise was created. (C.R.S. § 37 45.1 <br />103(3)). Under the Water Conservancy Act, the Subdistrict's Board is appointed by a <br />panel of chief judges of the judicial districts overlapping with the district. <br />18 13 <br />