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<br />.,'. <br /> <br />" <br /> <br />, <br />) <br /> <br />following additional terms regarding cancellation, lease or assignment of a User's <br />storage allocation: . <br /> <br />a. If a User wishes to opt out and cancel its storage allocation, it shall <br />provide written notice to the State and all of the Colorado Water Entities <br />in that User's group (Upstream or Downstream Group, as identified on <br />Exhibit A) of its intentions to tipt out. The notice shall describe the <br />proposed terms for acquisition {"proposed terms") of such User's <br />allocation (the "surrendered allocation"). Eachremaining User within the <br />:Upstream or Downstream group, as applicable, shall have the right to <br />acquire a pro rata portion of the surrendered allocation pursuant to the <br />proposed terms. If a User within the Upstream or Downstream group <br />elects to not acquire its pro rata share of the surrendered allocation, then <br />that share may be acquireJ:l pro rata by all of the other members of the <br />Upstream or Downstream group. <br /> <br />) <br /> <br />. b. Any portion of the surrendered allocation not acquired by the remaining <br />members of the Upstream or Downstream group pursuant to paragraph <br />5( a) above may be transferred by the departing User to a third party <br />pursuant to the proposed terms, provided, however, that such third party <br />shall be required to obtain the prior written approv~l of the State and shall <br />conform its operation of the storage allocation to the operational plan and <br />guidelines for the operation of the reallocated space in Chatfield. <br /> <br />c. Any portion of the surrendered allocation not acquired as provided in 5(a) <br />or 5(b) above may be retained by the User or conveyed to the State which <br />shall hold such space in a reallocation pool available for redistribution by <br />the State according to SU9h rules and regulations as it may adopt. <br /> <br />d. The State and the User agree that a User may lease or sublease all or a <br />portion of its allocation upon such terms as User may establish; provided, <br />however, that all suchleases or subleases shall require the approval of the <br />. State for the purposes of ensuring that the proposed lessee's operation of <br />storage space will not impair the Chatfield reallocation operational plans <br />and any environmental. or other permitting premised upon such operational <br />plan. <br /> <br />e. The CWCB and the User acImowledge and agree that the operational plan <br />for operation ofthe potential reallocated storage space in Chatfield is not <br />