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1 23 14 <br /> Page 2 of 19 <br /> F. The SUIT and the UMUT have not yet determined whether they will participate in the <br /> design and construction of the 125 Pipeline. The SUIT and the UMUT do not presently <br /> anticipate participating in the design and construction of the Lake Durango Pipeline. <br /> G. The Three Party Agreement imposes conditions on the Water Conveyance System and <br /> the 125 Pipeline and sets forth the terms by which the SUIT and/or the UMUT may <br /> acquire qu a an interest in the 125 Pipeline. It also contemplates additional agreements for the <br /> operation of the Water Conveyance System ("Future Agreements"). <br /> H. LDWA has obtained both a grant and a loan to construct a water delivery system from the <br /> Intake Structure on Lake Nighthorse to the Lake Durango reservoir and LDWA intends <br /> to use those funds in a cost-sharing arrangement on the construction of the 210 Pipeline <br /> and for the design and construction of the 125 Pipeline and the Lake Durango Pipeline. <br /> I. LPWWA and LDWA desire to set forth the terms under which LDWA will acquire a <br /> right to use a portion of LPWWA's capacity in the Water Conveyance System, the terms <br /> for designing, constructing, and using the 125 Pipeline and the Lake Durango Pipeline, <br /> and terms of LDWA's delivery of treated water to LPWWA at Blue Hill and to another <br /> mutually agreed upon location for a water-dock filling station. <br /> J. LDWA shall not have an ownership interest in the 210 Pipeline, 125 Pipeline or the <br /> Intake structure. <br /> K. LPWWA desires to maintain the right to carry 400 g.p.m. or 50% of the capacity in the <br /> Lake Durango Pipeline and to receive treated water at Blue Hill, as necessary to serve <br /> LPWWA's domestic water demand. <br /> L. LDWA desires the right to utilize up to 400 g.p.m. of LPWWA's capacity in the Intake <br /> Structure, 210 Pipeline, and 125 Pipeline. <br /> AGREEMENT <br /> NOW THEREFORE, in consideration of the mutual promises contained herein, and other good <br /> and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the <br /> Parties agree as follows: <br /> 1. Three-Party Agreement. LDWA understands that the Three-Party Agreement <br /> defines the rights and obligations with regard to the ownership and operation of the <br /> Water Conveyance System and the 125 Pipeline. All rights of LDWA to use the <br />