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1 23 14 <br /> Page 7 of 19 <br /> Contributing Tribe(s), LDWA, and LPWWA shall agree on <br /> allocation of cost overruns prior to initiation of construction. <br /> ii. Ownership. Each Contributing Tribe shall be entitled to own jointly <br /> a portion of the 125 Pipeline with LPWWA. <br /> iii. System Capacity. It is anticipated that tribal participation will result <br /> in a larger pipe size and thus an increased capacity in the 125 <br /> Pipeline. Allocation of capacity in the 125 Pipeline shall be <br /> determined according to Section 2.9(b) of the Three Party <br /> Agreement. LDWA shall receive the right to use up to 400 g.p.m. <br /> of the capacity in the 125 Pipeline, unless the parties agree <br /> otherwise in writing. <br /> iv. Use. LPWWA and LDWA shall use the 125 Pipeline for the <br /> conveyance of water for municipal or domestic purposes, which <br /> includes commercial uses,and those purposes that further municipal <br /> or domestic uses of water, which may include augmentation or <br /> replacement of diversions, provided that any resulting new use of <br /> water is for municipal or domestic purposes, which includes <br /> commercial use. There are no restrictions on the use of water <br /> carried in the 125 Pipeline by a Contributing Tribe. <br /> v. Design and Construction. LPWWA and each Contributing Tribe <br /> shall agree on the allocation of costs for the engineering, design, <br /> and other preconstruction activities and shall prepare the scope of <br /> work for an engineering firm. LPWWA shall oversee the <br /> construction of the 125 Pipeline, unless the SUIT and the UMUT <br /> agree otherwise. Unless the SUIT, UMUT, LPWWA, and LDWA <br /> all agree otherwise, the engineering and construction firm(s) <br /> commissioned to design and complete the 210 Pipeline shall be <br /> used for all engineering and construction of the 125 Pipeline, which <br /> shall include, but shall not be limited to, route alignment, pump <br /> design, and pipeline capacity. LDWA shall use its best efforts to <br /> coordinate with the CWCB for the prompt release of funds to <br /> LPWWA for design and construction of the 125 Pipeline, and shall <br /> enter into a subsequent agreement that further refines the process by <br /> which LDWA's funds will be furnished to LPWWA. <br />