Resolution 2011-05 - Laserfiche WebLink

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0./Mir-4 Cri)41) COMMON INTEREST, JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT This Common Interest, Joint Defense and Confidentiality Agreement "Agreement is made and entered into on 2011, by and among the Municipal Subdistrict, Northern Colorado Water Conservancy District (Municipal Subdistrict), the Northern Colorado Water Conservancy District (Northern Water), and the governmental entities listed on attached Exhibit A (sometimes referred to collectively in this Agreement as the Parties, or individually as a Party). This Agreement is effective on January 1, 2000. RECITALS A. The Municipal Sulbdistrict is the owner and operator of a water diversion project known as the Windy Gap Project located in Grand County, Colorado. The Windy Gap Project pumps water from the Colorado River just downstream of its confluence with the Fraser River to Granby Reservoir, a component of the Colorado -Big Thompson Project which is operated by Northern Water in conjunction with the U.S. Bureau of Reclamation. B. Since at least January 1, 2000, the Municipal Subdistrict, acting by and through its Windy Gap Firming Project Water Activity Enterprise, has been developing the Windy Gap Firming Project, which will consist of one or more reservoirs in which water from the Windy Gap Project and the Colorado -Big Thompson Project may be stored. C. All Parties except the Municipal Subdistrict and Northern Water are owners, lessees, or beneficiaries of contract rights to water from the Windy Gap Project. All Parties except the Municipal Subdistrict, Northern Water, the Town of Estes Park, and the City of Boulder are also participants in the Windy Gap Fuming Project. The Parties' common enterprise and interest for purposes of this Agreement is the continued unimpeded operation of the Windy Gap Project and the development and operation of the Windy Gap Firming Project. D. The Municipal Subdistrict, acting by and through its Windy Gap Firming Project Water Activity Enterprise, is seeking to obtain a license from the U.S. Bureau of Reclamation for connection of Windy Gap Firming Project facilities to Colorado -Big Thompson Project facilities and a section 404 dredge and fill permit from the U. S. Army Corps of Engineers for construction and operation of the necessary water storage reservoirs. E. Numerous parties, including but not limited to Grand County, Colorado, the Colorado River Water Conservation District, the Middle Park Water Conservancy District, and Trout Unlimited have publicly opposed the Windy Gap Firming Project and threatened litigation to prevent construction and operation of the Windy Gap Firming Project. F. All Parties are interested in and will be affected and/or benefited by the development, construction and operation of the Windy Gap Firming Project. G. The parties understand and agree that the purpose of this Agreement is to provide several benefits to the Parties including, but not necessarily limited to, the following: Page 1 of 6