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1 23 14 <br /> Page 5 of 19 <br /> and construction of the 210 Pipeline to ensure that it is capable of <br /> delivering 800 g.p.m. to Lake Durango. This working group shall have no <br /> decision-making authority. It shall serve in an advisory capacity only. The <br /> Parties shall invite the SUIT and the UMUT to participate in the working <br /> group. <br /> 4. 125 Pipeline. There are two (2) alternatives for constructing the 125 Pipeline. <br /> Under the scenario set forth in subparagraph a., the 125 Pipeline is constructed <br /> without Tribal participation. Under the scenario set forth in subparagraph b., <br /> either the SUIT or the UMUT may elect to participate in the construction of the <br /> 125 Pipeline. In either instance, LDWA shall commit a portion of the grant and <br /> loan funding provided by the CWCB to the design and construction of the 125 <br /> Pipeline. The Parties anticipate that LDWA's funding will be tendered according <br /> to the payment process flow chart attached hereto as Exhibit A and shall enter into <br /> a subsequent agreement that further refines the process by which LDWA's funds <br /> will be furnished to LPWWA.. <br /> a. Without Contributing Tribes <br /> i. Financial Contribution. LDWA shall contribute $1,300,000 to the <br /> construction of the 125 Pipeline and the Lake Durango Pipeline. <br /> The 125 Pipeline and the Lake Durango Pipeline shall be bid as one <br /> project. Prior to the construction of the 125 Pipeline, LDWA and <br /> LPWWA shall agree on (1) the allocation of LDWA's $1,300,000 <br /> to the 125 Pipeline and to the Lake Durango Pipeline and (2) on <br /> cost overruns for the combined 125 Pipeline and Lake Durango <br /> Pipeline. <br /> ii. Ownership. LPWWA shall retain sole ownership of the 125 <br /> Pipeline and shall not convey any ownership interest in the 125 <br /> Pipeline without the consent of the SUIT and the UMUT. <br /> iii. System Capacity. The 125 Pipeline shall have an estimated <br /> capacity of 800 g.p.m. By this Agreement, LPWWA assigns <br /> LDWA a right to use 50%© of the capacity in the 125 Pipeline. <br /> With the prior written consent and approval of LPWWA, LDWA <br /> shall be entitled to use all of the capacity in the 125 Pipeline for the <br /> delivery of water to both LDWA and LPWWA. In the event that <br /> the obligations contained in Paragraph 10 are terminated, LDWA <br /> shall be limited to using 50% of the capacity in the 125 Pipeline, <br />