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BOOK 891?ZE 339 <br /> and conditions as hereinafter set forth, the parties hereto <br /> agree as follows: <br /> 1. That the Ditches shall permit Pioneer, their successors <br /> and assigns, to use the diversion works and c-nal to furnish <br /> waters for the use of Pioneer for t lan •f augmentation, <br /> underground storage right and surf <br /> r g ,- ghts as may be <br /> ~ <br /> ultimately decreed in said matir <br /> r ' 4 Wate Court to Pioneer. <br /> "V <br /> • 2. That this agreement between ' e ,'. <br /> i - ' and the use of <br /> the facilities of, the Ditches as aforementione•; <br /> is limited to <br /> only those waters decreed to Pioneer in Case N. . W J <br /> as <br /> presently applied for and pending before the W-ter Court of <br /> Water Division No. I. The Ditches shall, in t eir sole and <br /> uncontrolled discretion, designate the time, da e and amounts <br /> of any such decreed water that may be diverted hrough and <br /> stored in the Ditches facilities and the availa•ility of its <br /> facilities and canal to run and deliver said wa ers. The Ditches <br /> shall use reasonable efforts to deliver such de.reed water when <br /> legally available. <br /> 3. That all such decreed waters of Pionee shall be de- <br /> livered and measured at Pioneer' s headgate (s) designated in the • <br /> Decree. Or in the case of using the canals for -torage at the <br /> headgate of the Tremont canal. <br /> 4. Pioneer shall pay unto the Ditches a ha dling fee for <br /> such waters as directed by Pioneer and delivered by the ditch- <br /> rider and measured into the headgate (s) describe• hereinabove <br /> a sum equal to $ L6'''' per acre foot as measured 'nto said head- <br /> i <br />