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<br />183818 11/12/1999 02:04P B: 368 P: 47 <br />Debbie Livengood-Custer County Clerk Colorado <br />B. If the entire Reservoir is not full and additional storage space is available, then the <br />displacement shall be in the accounting sense and the displaced Minimum Pool Water <br />shall have its "Minimum Pool Water" designation removed and be thereafter available for <br />use by De Weese. <br /> <br />7 . DeWeese shall be responsible for the replacement of all evaporation and seepage losses <br />that may be attributable to the storage of Minimum Pool Water. <br /> <br />8. DeWeese shall not be liable to the State for the loss of State Water in the event that the <br />State Engineer, due to dam safety concerns, orders a reduction in the amount of water that can be <br />stored in the Reservoir. If the State Engineer orders such a reduction, the amount of State Water <br />released in response thereto shall be in the same proportion as the amount of other waters <br />released, provided, however, that Minimum Pool Water shall not be released pursuant to the <br />State Engineer's order until all other waters in the Reservoir have first been released. Once <br />released under such an order, the State shall be entitled to use the State Water and DeWeese shall <br />. be entitled to use the Minimum Pool Water, When the storage reduction ordered by the State <br />Engineer is lifted and additional water can once again be stored in the Reservoir, the first water <br />. stored by DeWeese shall be used to replace the Minimum Pool Water up to a total of five <br />hundred (500) acre-feet, thereby resulting in the designation of new "Minimum Pool Water." <br /> <br />. 9. Any unused storage space in the Minimum Pool not otherwise occupied by State Water <br />or Minimum Pool Water may be filled with other water, provided that the subsequent storage of <br />State Water shall result in the physical displacement (i.e. release) of the other water in the event <br />that the Reservoir is completely full. <br /> <br />10. To assist with the expense of operating and maintaining the Reservoir, the State shall pay <br />DeWeese an annual administrative fee plus a fee for every acre-foot of State Water released from <br />the Reservoir, said fee to be determined pursuant to Paragraph 12 below. Payment by the State <br />of this amount of money shall be made on a calendar year basis, and shall be made no later than <br />sixty (60) days following the State's receipt of an invoice from DeWeese detailing the amount of <br />State Water released. Notice by DeWeese and payment by the State shall be pursuant to <br />Paragraph 22 below. Ifpayment is not made by the State within the sixty days, then the State <br />shall be barred from releasing any State Water or storing any additional State Water until full <br />payment has been tendered. Non-payment by the State shall not diminish the then-existing <br />amount of State Water held in storage. <br /> <br />4 <br />