Laserfiche WebLink
5.6 Insufficient Yield of Subject Water. If in any one (1) Water Year, the <br />Subject Water available to the District is not sufficient to meet the District's augmentation <br />requirements under its Augmentation Program, then Santa Maria, upon written request from the <br />District, and in a manner consistent with Santa Maria's Articles of Incorporation and By-laws, in <br />its sole discretion, may consent to the District's use of other water stored in the Reservoirs. The <br />amount of water made available by Santa Maria shall not exceed the amount of Firm Storage <br />Space then under lease by the District. The District may use any water made available by Santa <br />Maria as a source of augmentation water only if it obtains a11 necessary legal approvals for the <br />temporary use of Santa Maria water in the District's Augmentation Program. The District shall <br />promptly notify Santa Maria of the terms and conditions of any approval for any such temporary <br />use. Santa Maria may refuse to consent to the temporary use of Santa Maria water for this <br />purpose if the terms and conditions imposed upon such temporary use by the regulatory <br />authorities are, in the sole discretion of Santa. Maria, not in the best interests of Santa Maria, the <br />Reservoirs, the Santa Maria water, or the stockholders of Santa Maria. The District shall be <br />solely responsible for obtaining those approvals and all costs related thereto. The District shall, <br />within ten (10) days of delivery of any Santa Maria water for such temporary use, pay to Santa <br />Maria a sum equal to three (3) times the then-existing per acre-foot charge for Firm Storage <br />Space under this Agreement for each acre-foot of Santa Maria water delivered to the District. <br />5.7 Evaporation. The Subject Water stored in the Reservoirs sha11 bear its pro <br />rata share of (1) any seepage losses from the Reservoirs, and (2) any evaporation losses assessed <br />by the state water officials on the Reservoirs. <br />5.8 Reservoir Accountin~. Santa Maria and the District shall implement and <br />utilize such reservoir accounting procedures as are reasonable and necessary to effectuate this <br />Lease the manner of operating set forth herein, including all reasonable and lawFul requests of <br />the Division Engineer. If a dispute arises between Santa Maria and the District regarding <br />quantities of water stored in the Reservoirs, the parties shall rely upon the records of the Division <br />Engineer, if any. In the absence of such records, then any separate records of the Reservoirs <br />accounting under this paragraph shall control. <br />5.9 Deliverv. The District shall take delivery of the Subject Water, or any <br />Santa Maxia water made available pursuant to paragraph 5.4 above, at the outlet works of the <br />Reservoirs. Santa Maria shall not have any responsibility for the delivery of any water to any <br />point downstream from the Reservoirs' outlet works. <br />6.0 Liability/Indemnity <br />Each parly shall be solely and individually liable for a11 damages that result from that <br />party's activities or operations related to the storage and release of the Subject Water and, to the <br />extent permitted by law, each party shall hold the other harmless against any liability, loss, <br />damage, penalty, demand, action, cause of action or expense (including court costs and <br />Page 5 of 9 <br />