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Note: The table above assumes that the entire 227 acre feet associated with the first <br />increment is diverted before any water is diverted under the second increments, and that <br />• the entire 200 acre feet associated with second increment is diverted before any water is <br />diverted under the third increment. <br />n <br />U <br />• ~ <br />If the City of Cripple Creek elects to not lease or take any portion of the water volume <br />allocated to the City as part of the stipulation in case number 97 CW 169, the Lessee has <br />the option to lease that water volume from Lessor on a year-to-year basis. Delivery of <br />water to the Lessee shall not be dependent on the exercise or non-exercise of water usage <br />by the City of Cripple Creek. <br />C. Water Shortages. If the production of,the Park Center Well is limited by casing <br />failure, aquifer conditions, or other events beyond the control of the Lessor, the amount <br />of water produced by the well shall be allocated between Park Center District and City of <br />Cripple Creek according to the formulas in Section 1B, above. For example, if the well <br />can produce only 100 acre feet, 93 acre feet (93%) would be allocated to Park Center <br />District and 7 acre feet (7 %) would be allocated to City of Cripple Creek If the well can <br />produce only 257 acre feet, the first 227 acre feet will be allocated 93% to Park Center <br />District and 7% to City of Cripple Creek, and the remaining 30 acre feet would be <br />allocated 80% to Park Center District and 20% to City of Cripple Creek. <br />D. Full Delivery Under Lease Contingent Upon Water Rights Approval. Lessee <br />acknowledges that the delivery of the first 211 acre feet under this occurs under Lessor's <br />reserved water right, as decreed in case number 81 CW 192 and as changed in case <br />number 97 CW 169. Lessee acknowledges that delivery of the full 521 acre feet <br />contemplated in this lease is contingent upon Lessor's successful application to the Water <br />Division 2 Court for an additional 500 acre feet of non-tributary groundwater. <br />E. Leases of Water In Excess of Lessee Water Demands. If the Park Center Well is <br />capable of safely producing volumes of water that are above the amounts leased and <br />taken by Park Center District and City of Cripple Creek, Lessor has the option to lease <br />that water to other parties. Lessee shall have the first option to lease the excess water <br />produced. <br />uninterrupted supply to Lessee's retail water customers. <br /> <br />k~~ <br />- ~ ~::~ <br />:~~ ~~ <br />~~ <br />r~ <br />~.F Rr._ <br />t'~ <br />t 6'c <br />F. Notification of Water Supply Emergencies. Lessor has the responsibility to <br />coordinate water deliveries from well to both Park Center District and to City of Cripple <br />Creek. Lessor will attempt to make water deliveries to City of Cripple Creek when the <br />Lessee's demand for well water is low, typically during the spring and summer, when ~~~ <br />Lessee's surface water supplies are available. Accordin 1 Lessee.will immediatel ~~ <br />notify Lessor of any water supply emergency, such as d~ruption of Lessee's surface ~' <br />water supplies, that-would require immediate delivery of well water to rr,a;nta;n ;,,, :~~ <br />G. Term. Lessee has the right to construct and maintain upon said reserve all pipelines ~ <br />and other equipment necessary for the full enjoyment of the leased water, under such <br />terms and conditions as may prescribed by the Lessor, for a period of 25 years. The <br />