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!n <br />conswnable water on a fixed basis, per water year (the "Fixed <br />Water"). <br />m.2. In addition to the Fixed Water, Central has the option. to receive <br />delivery of additional Hilly consumable water on a non -fixed basis <br />(the "Optional Water"). The Optional Water may be up to an <br />additional 500 acre -feet per water year, for a maximum of 600 <br />acre -feet of fully consumable water per water year. Central shall <br />submit to Longmont, in writing, the Optional Water acre -feet <br />amount on or prior to September 1, for the upcoming water year <br />deliveries. <br />1.2. Windy Gap Water. <br />1.2.1. Longmont hereby agrees to provide to Central, and Central agrees <br />to pay for, an additional 9,235 acre -feet, over the term of this <br />Agreement, of water derived from Longmont's reusable return <br />flows of its Windy Gap water supplies, either directly, indirectly, <br />or by exchange (the "Windy Gap Water"). Yearly delivery <br />amounts of Windy Gap Water are listed in Bxhibit A, as identified <br />in column 1.2.1. The parties acknowledge that availability of the <br />Windy Gap Water is dependent on the variable annual operation of <br />the Windy Gap Project by the Municipal Subdistrict, Northern <br />Colorado Water Conservancy District ( "Subdistrict"). I£ all or a <br />portion of the Windy Gap water is not able to be delivered to <br />Longmont, then Longmont's delivery obligation may, in <br />` Longmont's sole discretion, be suspended for that water year. <br />Alternatively, Longmont, in its sole discretion, may choose to <br />deliver a like amount of water to Central from its other sources, <br />provided the water is useable by Central for the purposes of this <br />agreement, Longmont and Central shall correspondingly adjust the <br />amount and timing of deliveries for the Windy Gap Water in <br />accordance with Paragraph 23, below. <br />1.3 Subject Water. <br />1.3.1 All Water delivered under this Agreement shall consist of the <br />'91xed_W_ater,GptionaLWatsriand_ -Windy .npWatez.(paHeative y <br />the "Subject Water "). Delivery of the Subject Water is subject to <br />the limitations, terms and conditions herein. The Subject Water <br />may be selected and delivered by Longmont, in its discretion, from <br />various sources including water stored in Ralph Price Reservoir <br />(a/k/a Button hock Reservoir), reusable effluent, water stored in <br />Utuon Reservoir, filly - consumable water controlled by Longmont <br />or water from any other source, provided the Subject Water shall <br />be useable by Central for the purposes stated below. <br />Page 2 of 12 <br />