Ordinance 2002-1399 - Laserfiche WebLink

Home Browse Search

Contract, said Project is defined as those facilities necessary to divert, pump, store, regulate, and introduce into the Colorado -Big Thompson Project that quantity of Subdistrict water which will produce an average deliverable quantity of water equal to approximately 48,600 acre-feet per water year under the water rights decreed to the Windy Gap Project and in accordance with all applicable agreements, court decrees and orders. 2. Quantity of Water. Petitioner petitions for 6 Units of Subdistrict water for annual delivery commencing as of the date of the granting of this petition by the Board and for so long thereafter as Petitioner fully complies with all the terms, conditions and obligations hereinafter set forth, but in no event for a term less than the period required for the payment of bonds or other fixed indebtedness incurred by the Subdistrict for the Windy Gap Project during any period prior to transfer of a part or all of Petitioner's allotment to an entity within the Subdistrict. 3. Use of Water. Petitioner agrees that any Subdistrict water allotted by the Board shall be.for domestic, irrigation, municipal and industrial use within or through facilities or upon lands owned or served by said Petitioner, provided, however, that (i.) all lands, facilities and service areas which receive benefit from the allotment (whether water service is provided by direct delivery, by exchange or otherwise) shall be situated within the boundaries of the Subdistrict, and (ii) said water may be seasonally transferred by Petitioner for such uses within Northern Colorado Water Conservancy District or Subdistrict boundaries. Petitioner also agrees to (i) account for, by the use of separate water meters, all deliveries of water to users that will receive Subdistrict water; (ii) certify, prior to November 1 of each year, that it owns, leases or otherwise controls sufficient water from sources other than Subdistrict water to supply water for the next water year to any and all service areas located outside of the Subdistrict boundaries; and (iii) provide to the Subdistrict, on or before November 30 of each year, a complete accounting of the disposition and use of all water used by it during the previous water year. Petitioner shall not receive Subdistrict water in excess of the quantity required by the metered uses of water which are within the Subdistrict boundaries. Nothing herein shall prevent 3