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1 23 14 <br /> Page 8 of 19 <br /> 5. Lake Durango Pipeline. <br /> a. Financial Contribution. LDWA shall contribute $1,300,000 to the <br /> construction of the 125 Pipeline and the Lake Durango Pipeline. Prior to <br /> the construction of the Lake Durango Pipeline, LDWA and LPWWA shall <br /> agree on (1) the allocation of LDWA's $1,300,000 to the 125 Pipeline and <br /> to the Lake Durango Pipeline and (2) on cost overruns for the combined <br /> 125 Pipeline and Lake Durango Pipeline. <br /> b. Ownership. LDWA shall own the Lake Durango Pipeline. <br /> c. System Capacity. Unless the Parties agree otherwise, the Lake Durango <br /> Pipeline shall have a capacity of 800 g.p.m. By this Agreement, LDWA <br /> assigns LPWWA a right to use 400 g.p.m. of the capacity in the Lake <br /> Durango Pipeline. If LPWWA is not receiving treated water from LDWA, <br /> the Parties may negotiate a separate agreement to alter LPWWA's right to <br /> use 400 g.p.m. capacity in the Lake Durango Pipeline and to set forth new <br /> terms for LPWWA's use of the Lake Durango Pipeline. <br /> d. Use. The Lake Durango Pipeline shall be used for the conveyance of water <br /> for municipal or domestic purposes, which includes commercial uses, and <br /> those purposes that further municipal or domestic uses of water, which may <br /> include augmentation or replacement of diversions, provided that any <br /> resulting new use of water is for municipal or domestic purposes, which <br /> includes commercial use. Water in the Lake Durango Pipeline from any <br /> source other than Lake Nighthorse must be metered and accounted for <br /> separately. When water from a source other than Lake Nighthorse is <br /> conveyed in the Lake Durango Pipeline, a backflow prevention device is <br /> required. Said water, however, shall not be subject to the use restrictions of <br /> this paragraph. <br /> e. Design and Construction. LDWA, in consultation with LPWWA, shall <br /> establish the route and design of the Lake Durango Pipeline. LDWA shall <br /> oversee the construction of the Lake Durango Pipeline. Unless the SUIT, <br /> UMUT, LPWWA, and LDWA all agree otherwise, the engineering and <br /> construction firm(s)commissioned to design and complete the 210 Pipeline <br /> shall be used for all engineering and construction of the Lake Durango <br />