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APPLICATION TO <br />NORTHERN COLORADO WATER CONSERVANCY DISTRICT <br />FOR ANNUALLY RENEWABLE <br />PERPETUAL WATER CONTRACT FOR RIGHT TO USE <br />COLORADO-BIG THOMPSON PROJECT WATER <br />UNDER C.R.S. 37-45-131 <br />Applicant, City of Louisville, a Colorado municipal corporation acting in its governmental <br />capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby <br />applies to Northern Water, a political subdivision of the State of Colorado, organized and <br />existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to <br />beneficially use Colorado -Big Thompson Project water under the following terms and <br />conditions: <br />1. The quantity of water herein requested by Applicant for annual application to <br />beneficial use is 40 acre-feet to be used so long as the Applicant fully complies with <br />all of the terms, conditions, and obligations hereinafter set forth. <br />2. It is understood and agreed by the Applicant that any water provided for use under <br />this contract by the Board of Directors of Northern Water shall be primarily for <br />municipal, domestic, irrigation, or industrial use within or through facilities or upon <br />lands owned or served by said Applicant, provided however, that all lands, facilities, <br />and serviced areas which receive benefit from the use of water (whether water service <br />is provided by direct delivery, by exchange, or otherwise) shall be situated within the <br />boundaries of Northern Water. <br />3. Applicant agrees that an acre-foot of water as referred to herein is defined as being <br />one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually <br />declared by the Board of Directors of Northern Water to be available for delivery <br />from the water supplies of Northern Water. Applicant agrees that such water shall be <br />delivered from the works of Northern Water at such existing Northern Water delivery <br />point or points as may be specified by the Applicant and that the water delivery <br />obligation of Northern Water shall terminate upon release of water from said works. <br />Further, the Applicant agrees that on November 1 of each year, any water undelivered <br />from the annual quantity made available to the Applicant shall revert to the water <br />supplies of Northern Water. <br />4. Applicant agrees to pay annually in advance for the amount of water herein provided <br />for use under this contract by the Board of Directors of Northern Water at a price per <br />acre-foot to be fixed annually by said Board; and, further, agrees that the initial <br />annual payment shall be made, in full, within fifteen (15) days after the date of notice <br />from Northern Water that the initial payment is due hereunder. Said notice will advise <br />the Applicant, among other things, of the water year to which the initial payment shall <br />apply and the price per acre-foot which is applicable to that year. Annual payments <br />for each water year thereafter shall be made in advance by the Applicant on or before <br />each October 1, 31 days prior to the start of the water year, at the rate per acre-foot <br />