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<br />to COAL CREEK, W.1......LIMlSBUR~ and . FLORENCE is lh~asured for the purpose <br />of apportioning cost and monitoring water use. <br />3. Copies of the Plans and Specifications referred to in <br />paragraph one above are to be made available to all parties hereto by <br />the Engineer, no later than five (5) days after completion, and the <br />Consent and Approval of the governing body of each of the Parties <br />hereto is to be endorsed thereon no later than ten (~) <br />days after the receipt thereof. Any necessary modifications of said <br />Plans and Specifications are to be negotiated by the Parties and <br />Engineer during the ten .(lO)-day period following receipt thereof. <br />Copies of said Plans and Specifications with Approval and Consent of <br />each of the Parties endorsed thereon shall be attached hereto, as <br />Exhibit H and shall be made a part hereof as if set out in full. <br />4. Each of the Parties hereto shall retain legal title to <br />all water rights presently owned or hereafter acquired by it. Each <br />of the Par.ties shall retain legal title to and continue to operate <br />and maintain its own domestic. water system and any further extension <br />thereof. <br /> <br />5. Each of the Parties hereto shall proceed promptly at <br /> <br /> <br />the appropriate time and no later than ten (10) days after receipt <br /> <br /> <br />of a written request by the Engineer to initiate proceedings to file <br /> <br /> <br />an appropriate application in the District Court of Colorado in and <br /> <br /> <br />for.Water Division Number Two, for any change of use, or alternate <br /> <br /> <br />point of diversion necessary to collect, store, treat, distribute or <br /> <br /> <br />use the water accruing from the water rights described in Exhibit A <br /> <br /> <br />attached hereto, in the facilities to be constructed by. E'LORENCE pur- <br /> <br /> <br />suant to this Agreement. <br /> <br /> <br />6. The cost of construction referred to in paragraph one <br /> <br /> <br />above shall include all expenses incurred in the construction of <br /> <br /> <br />facilities pursuant to this Agreement, including but not limited to <br /> <br /> <br />the building of the facilities, the Water Court Proceedings referred <br /> <br /> <br />to in paragraph five hereof, the cost of issuing revenue bonds, the <br />acquisition of property for a new diversion point and rights of way <br />and easements, and all surveying, engineering and legal costs incurred <br /> <br />by the project. <br /> <br />- 4 - <br />