C150293 Feasibility Study

• Contract/PO #: C150293
• Contractor Name: North Sterling Irrigation District
• Contract Type: Loan
• Water District: 0
• County: Logan
• Loan Projects - Doc Type: Feasibility Study

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6763~0 04/Zd/2Nd i i:~!A 8864 P446 LSE~IT
4 ef 12 R 61.~ D 8.00 N 8.N Lo~an Counly CO
April 0 Oc°tober 0
May 0 November 600
~une 0 December 6U~
Su~sje,~t tc> €~ ~tatic~ ~ui~ts t~y PSCo imc~er t~ N~~ a~ D~~~er~ Auiou~its
section of this Lease Agceement, PSCo, in its sole discretion, will determine whether it will
divert a~, none, crr ~ portfoa of t~e ~~e ava~~b~e to ~SC~o ~y the W~er Comp~r-y.
4:~ ar4y Ov~ A~low~nc~. I~ tk-e evec~ ttaat tbe Wat~s Co~pa~y is u~nable to
deliver the full amatmt of wa~ter shown on the foregoing schedyle during the moath in which the
water is to be delivered, or PSCo is unable ta divert the full amount of water shown in the
foregoing schedule during the month in which the water is to be delivered, the difference
between the amount of water shown on the foregoing schedul~ and the amount of water actually
made avai}~able sad diverted msy be addecf to tf~e amouat of.water to be made av~i}able to ~Co
by the Water Company during the following month. Any modification of the monthly amounts
s~ov~r~ `~ t~e ~otego~g sc~~i~e ~:s~ t~ ~ s~bs~tion s~ r~f't~ditce t3~e i3~~#~r ~Y's
obligation to make available for. delivery 3,000 acre-fcet of fully consumable water to PSCo
fram Noaember 1 ttr P~s~ch 31 af a~q ~ear that this Lease Aigeemen't remains m effect.
4.3 Variance of Deliverv Amouitts. Because act~al P~P~S ~~'Y, aetual
monthly delivery amounts shall be agreed to by PSCo and the Water Company on a month-to-
month basis and upon verbal agreement between PSCo's water re~rces department and the
manager of the Wat~r Compaay. Such defiveries may v~ry between 80% of t~e amount
described above for the subj~ct m~anth, ta 120% of the amount described above for the subject
month. C~ianges in deiiv~eiies of vv~ater ~rom i~e 'UVate~r Company to ~SCo pu~sat to ti~is Lease
Agreement that are less tl~ $0'~0 of tt~e mo~nthly amounts ~scn'bed above, or that excee~i.120'~0.
of t~ie ~a~ft~y am6u4ts descn`lied a~i~e ~re allovv~d, provided_ ~iot~i FSCo's wa~ resources
department and the Water Company` secretary~nena:ger sg~ee in writing to such modification of
the monrhly delivery amounts described al~ove. Modificatioris to the delivery schedu~e sliall not
reduce the Water Com~any's a~musi obligatian to make available for deiivery 3,000 acre-feet of
fully cansumable water to PSCo.
4.4 Notice of Deliverv Amonnts. PSCo shall provicle azry written notice to the
Water Company.af the a~unt of water that is to be delivered to PSCo pmsuant to Paragraph 4.3
of this Lease Agreement, on or befort ~e 21s~ day of the month prior to the month in whicfi such
water is to be delivered to PSCa by ~e Waber Company. The written notice from PSCo to the :
~ater Comp~Y ~Y P~ to more tt~ one moath, sn~ may pe~rtsia to mu~tipZe moadzs. If
PSCo provides nodce of ttce am,~unt of water to be delivered by the Water Company to PSCo,
a~d t~ amcc~t of wste~ is del~vea~ed by td~e Water Com~aay ~c- the Swat1~ P~at~e River or a~otl~e`r
water right holder p~usuant to this Lease Agreeme~t, pSCo shall be obligated ta pay the Water
Company for the amount of water so delivered, without regard to whether PSCo actually
diverted an amount of water equal to the amount of water delivered by the Water Company.
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