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The payment for the excess recharge water purchased by FMRICO shall be paid <br /> by FMRICO to Groves thirty (30) days before the excess augmentation water will be <br /> credited to FMRICO, or at such other time as the parties mutually agree. <br /> C. Operations. Both parties shall have equal rights to utilize the Pipeline <br /> Project facilities whenever needed to divert their respective water rights. At this time, the <br /> parties contemplate that their respective needs will likely occur at different times. <br /> FMRICO will be using the Pipeline Project to divert and retime its excess augmentation <br /> credits. Groves will be using the Pipeline Project to divert junior water rights, when in <br /> priority. To the extent that either party has need and opportunity to use the Pipeline <br /> Project capacity to divert its water, it can separately utilize whatever portion it needs, up <br /> to the entire capacity of the facilities. If a situation does occur when both parties have <br /> need and opportunity to divert their respective water rights at the same time, they will try <br /> to agree on a proportionate use of the facilities. In the absence of such agreement, each <br /> party shall be entitled to utilize one-half(1/2) of the capacity of the project facilities. <br /> D. Pumping Costs. In the event that either party is separately utilizing project <br /> facilities and pumping water, it shall be responsible for the pumping costs attributable to <br /> its own water. To the extent possible, any contract for utilities shall be in both parties' <br /> names, and each party shall pay its proportionate share directly to the utility company. <br /> To the extent that both parties are simultaneously pumping water through the project, <br /> they shall share pumping costs in proportion to the amount of water each is diverting. <br /> This cost allocation shall apply to both the pumping plant to be located at the South Platte <br /> River, and to the augmentation well to be located on the Groves Property. In the event <br /> either party fails to pay its proportionate share to the utility company when due, in order <br /> to ensure that the utilities will not be discontinued, the other party may elect to pay that <br /> share and will be entitled to reimbursement from that party. <br /> E. Other Operation, Maintenance, and Repair Costs. Aside from power <br /> costs, the parties agree to share all other operations, maintenance, and repair costs <br /> equally. <br /> 7. Water Rights Accounting and Administration. <br /> A. Pipeline Project Diversions. At this time, both parties believe that they should <br /> each have access to the Pipeline Project diversion facilities at times they are <br /> separately diverting water. Accordingly, each party acknowledges that it will <br /> have responsibilities for water rights accounting and administration <br /> concerning the diversion of its water rights through the Pipeline Project <br /> facilities. The parties contemplate that, after Pipeline Project construction, <br /> operating experience may suggest additional or different accounting and <br /> administration protocols. Both sides agree that all Pipeline Project operations <br /> will be coordinated with the water commissioner. <br /> 6 <br />