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09/01/2006 FRI 11:29 FAX 7192545150 LAVWCD Fax 07]006/009 <br /> • <br /> • <br /> SHORT-TERM WATER LEASE <br /> This Short-Tenn Water Lease(the"Lease")is entered into this 66 day of tofay.2006,by <br /> and between the Board of Water Works of Pueblo,Colorado(hereinafter called`Board")and the <br /> Lower Arkansas Valley Water Conservancy District(hereinafter called"Lessee"). <br /> RECITALS: <br /> A. The water use that is the subject of this Lease is a type not normally within any regular rate <br /> schedule established by the Board and the parties agree that the terms of lease and delivery <br /> of water for the purposes set forth below should be the subject of this special Lease; <br /> B. Lessee desires to lease raw water from the Board to assist well users in complying with the <br /> Arkansas River Compact. <br /> ect to j <br /> C. The Board is willing to supply raw water to Lessee for its use for these purposes subject <br /> the terms of this Lease. <br /> In consideration of the foregoing recitals,the mutual promises contained herein,and the <br /> payments to be made hereunder,the parties agree as follows: <br /> 1. Delivery of Consumable Water. The Board agrees to deliver to Lessee fully consumable raw <br /> Arkansas River water that the Board either owns or controls. The source of the water will be <br /> determined by the Board in its sole discretion. Water under this Lease will be made available <br /> for delivery to John Martin Reservoir. Lessee will be responsible for all transit and/or <br /> evaporative losses associated with delivering the water from the point at which the Board <br /> delivers it to the Arkansas River to John Martin Reservoir. <br /> 2. Term. The term of this Lease shall be from the date of execution of this Lease through <br /> November 15,2006. <br /> 3. Delivery of Raw Water. The water to be delivered hereunder is raw,untreated,fully <br /> consumable water. <br /> 4. Reuse Rights. Once delivered to Lessee,all rights to reuse the water subject to this Lease shall <br /> belong to Lessee and the Board shall have no further reuse rights. <br /> 5. Quantity. The Board will deliver to Lessee 4,696 acre-feet.of water to the Arkansas River <br /> during the term of this Lease. <br /> 6. Time of Delivery. The timing of the delivery of this water will be determined by the Board,in <br /> consultation with the Division Engineer. <br /> • Page 1 of 5 <br />