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BOOK S91P.GE 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 canal to furnish <br /> waters for the use of Pioneer for their plan of augmentation, <br /> underground storage right an r ace storage rights as may be <br /> ultimately deOreed in said <br /> bWater Court to Pioneer. <br /> ' 2. That 'this agre b en the parties and the use of <br /> 40 <br /> the facilities of the Ditches f r e Toned, is limited to <br /> only those waters decreed to Pioneer in Case No. W <br /> as <br /> presently applied for and pending before the Water Court of <br /> Water Division' No. I. The Ditches shall, in their sole and <br /> uncontrolled discretion, designate the time, date and amounts <br /> of any such dedreed water that may be diverted through and <br /> stored in the pitches facilities and the availability of its <br /> facilities and ',canal to run and deliver said waters. The Ditches <br /> shall use reasonable efforts to deliver such decreed water when <br /> legally available. , <br /> 3. That all such decreed waters of Pioneer shal,ltbe de- <br /> livered and measured at Pioneer' s headgate (s) designated in the <br /> Decree. Or in the case of using the canals for storage! at the <br /> headgate of therTremont canal. <br /> 4. Pioneer shall pay unto the Ditches a handling fee for <br /> such waters as directed by Pioneer and delivered by the ditch- <br /> rider and measured into the headgate (s) described herei.4above <br /> a sum equal to Siff���� <br /> q per acre foot as measured into said head- <br />