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Resolution 2020-83
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Resolution 2020-83
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Last modified
5/7/2024 3:12:04 PM
Creation date
10/30/2020 4:18:32 PM
Metadata
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Template:
City Council Records
Also Known As (aka)
Windy Gap Firming Project Allotment Contract
Meeting Date
10/20/2020
Doc Type
Resolution
Ord/Res - Year
2020
Ord/Res - Number
83
Cross-Reference
NCWCD WGFP
Fully executed agreement was added on 1/14/2021 by LJ
Original Hardcopy Storage
9C5
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five-year rolling average (except in the first five years of the Operating Reserve <br />Fund's existence, during which time the WGFP Enterprise will estimate based on <br />available information) and taking into consideration the WGFP Enterprise's <br />reasonable expectations as to future Operating C&E. <br />1.21. "Prepositioned C-BT Project Water" means C-BT Project Water stored in <br />Chimney Hollow Reservoir pursuant to the Carriage Contract. <br />1.22. "Prepositioned Windy Gap Project Water" means Windy Gap Project Water <br />stored in Chimney Hollow Reservoir as the result of C-BT Prepositioning pursuant <br />to the Carriage Contract. <br />1.23. "Subdistrict" means the Municipal Subdistrict, Northern Colorado Water <br />Conservancy District, a quasi -municipal entity and political subdivision of the State <br />of Colorado created under and having the powers provided in the Water <br />Conservancy Act, C.R.S. §§ 37-45-101 et seq. <br />1.24. "Water Year" means the period from October 1 of one calendar year through <br />September 30 of the next succeeding calendar year. <br />1.25. "WGFP Allotment" means the quantity of capacity in the WGFP, expressed in <br />"WGFP Units," granted to Louisville by this Contract, or if the context requires, <br />granted to each WGFP Allottee by WGFP Allotment Contracts. Each WGFP <br />Allottee's WGFP Allotment is shown in Exhibit A. A WGFP Allotment does not <br />include an allotment of Windy Gap Project Water, which is granted by the <br />Subdistrict in separate Windy Gap Project allotment contracts. <br />1.26. "WGFP Allotment Contract" means any contract between the WGFP Enterprise <br />and a WGFP Allottee for a WGFP Allotment, including this Contract if the context <br />requires. <br />1.27. "WGFP Allottee" means each entity that holds a WGFP Allotment pursuant to a <br />WGFP Allotment Contract, including Louisville. Exhibit A lists all current WGFP <br />Allottees. <br />1.27.1. "Cash Allottee" means a WGFP Allottee that, under Section 6.2, satisfies <br />all or a portion of its Capital C&E Funding Obligations through Capital <br />C&E Funding Cash Payments pursuant to Section 7. A WGFP Allottee is a <br />Cash Allotee to the extent that it satisfies its Capital C&E Funding <br />Obligation through Capital C&E Funding Cash Payments, and then only for <br />the term of any payments of Capital C&E using proceeds from Capital C&E <br />Funding Cash Payments made by such WGFP Allottee. <br />1.27.2. "Loan Allottee" means a WGFP Allottee that, under Section 6.2, satisfies <br />all or a portion of its Capital C&E Funding Obligation through participation <br />in a WGFP Financing pursuant to Section 8. A WGFP Allottee is a Loan <br />Allottee to the extent that it satisfies its Capital C&E Funding Obligation <br />through participation in WGFP Financing, and then only during the term of <br />such WGFP Financing. <br />5 <br />
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