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<br /> 125 <br /> mTERLOCALAGREEMENT <br /> WHEREAS, the parties to this Interlocal Agreement are county or municipal agencies, <br /> special districts, or other political agencies or subdivisions of the State of Texas located <br /> within the Edwards Aquifer Authority boundaries; and <br /> WHEREAS, the parties to this Interlocal Agreement are public water supply agencies or <br /> entities or public agencies or entities which consume water~ and <br /> WHEREAS, the State of Texas through Local Government Code Section 271.101, et seq. <br /> (Cooperative Purchasing Program) by statute recognizes and permits cooperative buying <br /> programs by governmental agencies or entities; and <br /> WHEREAS, the courts of the United States and the State of Texas have interpreted their <br /> respective laws as exempting concerted action by governmental agencies or entities <br /> operating under color of state law from the federal and state antitrust and unfair <br /> competition laws~ and <br /> WHEREAS, the parties to this Interlocal Agreement wish to act in concert in the <br /> purchase of Edwards Aquifer groundwater rights and in the transfer of Edwards Aquifer <br /> groundwater rights from third parties to the parties to this Interlocal Agreement~ and <br /> NOW THEREFORE, in consideration of the premises and covenants and agreements <br /> hereinafter set forth, the parties to this Interlocal Agreement hereby agree as follows: <br /> Section 1. Regional Water Resource Development Group <br /> The parties agree to establish a Regional Water Resource Development Group <br /> (hereinafter, "R WRDG") for the purpose of acquiring Edwards Aquifer groundwater <br /> rights. <br /> Section 2. RWRDG Participants <br /> Section 2.1 Status ofRWRDG Participants <br /> R WRDG participants shall be state or local public or governmental entities or agencies <br /> operating public water supply systems or consuming water on their own account located <br /> in whole or in part in the Edwards Aquifer Authority boundaries. Any entity whose <br /> actual or potential participation in the RWRDG shall cause the RWRDG's actions to <br /> come within the scope of the federal and state antitrust and unfair competition laws shall <br /> \\COSER VER\DA T A \LEGWP\PBBlACQUISITlrwrdg.a17.doc 1 <br />