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i iiiiii iiiii iiiiiii ~~iii iiii iiii iiiiiii iii iiii~ iiii iiii 8763~ 04/26/2006 11:0SA 8964 P446 LSEAW'IT 6 of 12 R 61.00 D 0.00 N 0.00 Lolan CounlY CO 4.5.5 In order to ensure that PSCo will be alsle to divert water ax such times as PSCo has a need for the water, aad the Water Company is not otherwise able to deliver wafier to fbe South Platte because ti~c Frewit~ Reaervoir Water Right is in priority and is caIIing, the Water Company a~es to exercise good faith efforts to seeure agreement~ with one or both types of tf~e foiiawing ty~s of agreem,eats an or ~before ~rtarch i, 2{~06: 4.5.5. ~ A~eeme~~s v~i~t one or mo~e owners o€ iFtteres~s ~~he Prewitt Reservoir Water Right for an exchange of water between the owners of such mterests .and Yhe VYates G~an~r at aliernate ~im,es and locatin~ns; aad ~ 4.5.5.2 An agreement with North Sterling for delivery of recharge water into recharge facilities at such locations as will provide recharge water to t~e South Platte River upstream of the headgate of the Prewitt Resetvoir, in accordance with the application pen~ngbefore the~Water Court-in ani~ForWaterDivisionNo. l in CaseNo. 96CW1034, so that such recharge may be used by PSCo as a r~lacement for out-priority depletions affecting the Prewitrl~e,5ervvir~'~Right~parsr~mt~t~thct~rm~ af~this ~se~i~emeat 4.5 b~£ by ~rch 1, 2UD6, i1~e ~ater C~m~Y ~s it~le xo .•sect~re agreements with owners of interests in the Prewitt Reservoir Water Rights and/or an agreement with North Sterling for delivery of recharge water to the South Platte River, sufficient to enable PSCo to divert water in accordance with thc schedule set for in Section 4.1 above, at times when the Prewitt Reservoir Water Rights are in Priority and is calling, then PSCo sha11 be entitted to a twenty pem,ent (20'10) reduction in the amount of the Base Payment, beginning with the November 1, 2U06 B~se Payment, and for each year thereafter that the Water Company fails to secure such agreement~s} ~iy Nlarcli I of t~iat same year. 4.5.7 'i'~ie ~arties may mutusiiy a~ upon ather iacatia~ to which t~re Water Company will deliver fully consumable water to enable PSCo to divert an amount of water at the Pawn~e We~ Fieki t~at is e~}ual ta the amo~t a~ water del~vered to a4y ca~8 water rigb:t. 4.5.8 Rate of Diversion. Water delivered by the Water Company to PSCo pursuant to this Lease Agreement may be diverted from the South Piatte River by PSCo at a diversion rate not to exc~ed ~5 c.f.s. -5. ~ Measure~n~ ~'iie i~ai~er ~ampany s~sii ~easure and maintain monthiy r~ords of its deliveries to the Sonth Platte River under tlus Lease Agreement. P~Co shall measure and masx~cai~ mc~~y Fecords o~ its c~versicfas o~ water de~veFed by the Wa~ter Compa~y. Each ~y shall provide the other Party with copies of such records on a maathiy basis. 6. Pay~g~t~. 6. I' Ca.tcul~tion of ~Pavmen~s. Fayments under ttiis I;ease Agreement s6atI" consist of a Base Payment and a Delivery Payment.