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11. SPWRAP to receive all excess credits from Heyborne Project at no cost when needed by <br />PRRIP. However, all out -of- priority depletions to be covered in Sedgwick County prior to use <br />for PRRIP (ie; non -call periods and overall excess). <br />12. Any administration, electrical, O &M costs, etc not covered by leasing of Heyborne Project <br />water will be covered by SPWRAP. <br />13. No obligation by any party to pump project. The project will be pumped based on demand. <br />14. Heyborne grants to Lower easements terminating on the date the Agreement terminates. <br />15. Lower may agree to augment additional monthly depletions that may occur from the potential <br />construction of future wetlands and/or ponds that will expose groundwater ?? <br />16. Replacement use of the water shall be limited to depletions originating or occurring in <br />Sedgwick County, Colorado and /or to the State of Colorado's water obligation to the Platte <br />River Recovery Implementation Program. <br />17. 30 year term automatically renewed for successive 10 year periods unless either party gives <br />written notice of its intent to terminate. <br />18. Three agreements (Heyborne /Lower, Lower /SPWRAP, LowerINHP wells) and an overall <br />operating MOU will be drafted to officially clarify these and potentially other issues. <br />19. Heyborne Agreement shall run with the property. <br />Julesburg Irrigation District Concerns: <br />A. Limitations on Out -of- Priority pumping: <br />1. Groundwater timing and impact to their water rights. Primarily due out-of-priority <br />pumping during a South Platte River Compact call. <br />2. Requested additional coring between interstate and river to affirm groundwater <br />timing. <br />3. Requested a percentage buffer (60 -80 %) on pumping of excess water, instead of the <br />ability to pump 100% of excess water generated by the Heyborne Project. <br />4. Requested that limitations on out -of priority pumping be installed in the water court <br />decree instead of or in addition to written agreements. <br />SPWRAP Concerns: <br />LSPWCD Concerns: <br />State of Colorado Concerns: <br />Ducks Unlimited / Heyborne Concerns: <br />N <br />