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, <br />� <br />' determine compliance with this paragraph. During Phase 1 of this Agreement, <br />the out-of-priority pumping shall be augmented by Lower's current augmentation <br />plan in Case No. 02CW320 and pending application and related Substitute Water <br />�, Supply Plans for Case No. 08CW24, and any amendments thereto, using <br />SPRR's 20% of the accretion credits from the HRWP. <br />10.At times SPRR may have unused credits after applying the required portion of its <br />20% of credits generated during the water year towards depletions from out-of- <br />priority pumping of its lift station as described in paragraph 9, and replacement of <br />depletions from wetlands or ponds described in paragraph 11. Lower shal� have <br />the first right of refusal to lease such unused credits for augmentation in <br />Sedgwick County. If in Lower's sole discretion it decides to lease such credits, <br />the lease fee shall be the then-current market rate in the Sedgwick County area. <br />SPRR shall give notice to Lower by June 9st of each year of its intention to so <br />lease pre-determined quantities of available credits in any given month. Upon <br />receipt of said notice, Lower shall, within ten (10) days thereof, give notice to <br />SPRR of its agreement to so lease those available monthly credits needed by <br />Lower. Any such lease shail be for a term of one year beginning April 1°� of the <br />current year and terminating March 31'� of the foilowing year. Should Lower opt <br />to lease only portions of SPRR monthly credits available for lease or fail to <br />exercise its rights to lease any available credits within the stated ten (10) day <br />period, SPRR shall be f�ee to lease those credits not leased by Lower to a third- <br />paRy so long as such credits are leased to provide beneficial use within <br />Sedgwick County, Colorado. In addition, such lease may not violate any terms <br />and conditions of Lower's current augmentation plan in Case No. U2CW320 or <br />pending application and related Substitute Water Supply Plans for Case No. <br />08CW24 or any amendments thereto. Furthermore, upon mutual agreement of <br />both parties, SPRR may lease to Lower such avaifable monthly credits not initially <br />leased by Lower or a third party during any given month in which Lower <br />determines a need for such credits. <br />11. SPRR may construct wetlands and/or ponds which expose groundwater and <br />which require augmentation. Lower agrees to augment such depletions from <br />exposed groundwater during Phase 1 of this Agreement, using SPRR's 20% of <br />the accretion credits, so long as such credits are sufficient to augment the <br />depletions and the total surFace area of exposed groundwater does not exceed 2 <br />acres. <br />� 12. Lower may lease to other entities at market rate all available credits generated <br />from the HRWP in order to cover out-of-priority depletions generated in Sedgwick <br />County. The phrase "all available credits" refers to Lower's 80% of the accretion <br />I, credits and all credits Lower leases from SPRR. However, all revenue generated <br />by Lower from the HRWP shall be financially accounted for separately by Lower <br />and used for 1) administration associated with the HRWP, 2) operation and <br />i�' 3 <br />�' <br />