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DEC-19-20�6 �4:36R FROM:CARROLL AAM�LD 43493z1 <br />T0:13038942578 P.2�3 <br />Coiorado River up to a point to the nort� side of 5�' St�eet. A 12" PVC, 80 schedule pipe <br />to be run from S Stceet to roAd boar south of cemetery along 4S Road. This remainder <br />of the terms set forth in this agreement are contingent upon approval of this funding by <br />the Bluestone Management Committee on or before March 1, 2007. <br />2. The new pipeline will be designed, surveyed engineered, and installed by <br />the Town at the Town's expense, and the Town will be solely responsible for <br />procuremenfi of all labor and materials necessary for such endeavor, as well as for routing <br />said pipeli.ne through existing utility easements and/or securing such other additional <br />rights-of-way as may be necessary to accommodate the construcdon and usage of said <br />pipeline. The Town shall complete installation of the pipeline within 180 days following <br />receipt of the fiuiding described in Pazagraph 1, above. The Bluestone District shall be <br />entiticd to reccive and review all engineering, survey, and design documentation, as well <br />as to receive as-built construetion documents. <br />3. Upon completion of the pipeline, the Bluestone Disttict shall have the <br />right to utilize the pipeline ir►stalled by the Town, and any associated diversion and <br />pumping facilities, for the purpose of pumping up to 3.5 c.f.s. of water through rhe <br />pipeline. The Bluestone District shall have the right to pump this water at any time and <br />in any amount (up to 3.5 c.f.s.) in its discretion. However, the Bluestone District shall be <br />responsible for reimbursing the Town for an equitable pro rata share of all variable <br />expenses relaCed to usage of the pipeline by the Bluestone District, including electriciry <br />costs Co run the pump, and other reasonable aperation and maintenaace expenses. <br />Additionally, until the Town installs a permanent pumping station, the Bluestone District <br />shal.l also have the right to utilize temporary or portable pumps in the vicinity of the <br />Town intakes as necessary to pump water through the pipeline (prov.ided that any such <br />temporary pumping shall be at the Bluestone District's expense unless otherwise agreed <br />by the T�wn). <br />4. The Bluestone District shall apply to the District Court in and for Water <br />Division No. 5 to confirm an alternate point of diversion for up to 3.5 c.f.s. the <br />conditional water right decreed to the Kobe Canal at the point of diversion of the Town of <br />DeBeque Pump & Pipeline. All engineering and legal costs associated with this water <br />court proceeding shall be borne by the Bluestone District. <br />5. This agreement shall not be construed to limit the Bluestone Diskrict's <br />rights with regatd to the Kobe Canal water right, including the right to further change its <br />points of diversion or places or types of use; nor shall this document Iimit the Town's <br />right to use the pipeline in any manner which does not interfere with the Bluestone <br />District's occasional pumping of water in the manner described in this agreement. <br />6. The obligations of the parties under this agreement are subject to <br />appropriation of any necessary funds by their governing boards. The persons signing this <br />document represent that they each have the authority of their respective goveming <br />boacds. <br />