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<br />. <br /> <br />. <br /> <br />c. The SWSP Enterprise warrants and represents rilat the District has the lawful and <br />physical abiliry ro consauct. operate, maintain and utilize the Caner L:1ke Dam No. <br />1 Outlet Works and rile Sr. Vrain Supply Canal. and any other federal facilities <br />owned by the U.S. Bureau of Reclamation (collectively rile "Federal Facilities") for <br />rile purpose of delivering Water from tile. Caner L:1ke Dam No. I Outlet Works <br />through rile Carrer L:1ke to Broomfield Pipeline at rile capacities allotted to rile <br />participants in that pipeline subject and pursuant to rile Repayment Conrract dated <br />July 5, 1938, between rile District and rile U.S. Bureau of Reclamation. as amended, <br />and rile Special Use Permit Contract No. 2-L.\1-60-L2308, issued ro rile District by <br />rile U.S. Bureau of Reclamation. The SWSP Enterprise covenantS rilat it shall comply <br />wiril all terms and conditions of said Special Use Permit and maintain it in full force <br />and effect throughout its term, and it shall successively apply forme issuance of new <br />permitS, if necessary, in order to ensure tilat there is no lapse in the SWSP <br />Enterprise's rightS to access rile Federal Facilities for use in connection with rile <br />Caner Lake to Broomfield Pipeline, provided that the participants therein have <br />provide rile SWSP Enterprise with adequate funds to operate, maintain, repair and <br />replace the Carrer Lake to Broomfield Pipeline under the allotment concracts with rile <br />participants rilerein. <br /> <br />d. The SWSP Enterprise agrees to design, construct, complete, operate. maintain. repair <br />and replace the Pipeline in accordance with applicable federal. state and local laws, <br />including. but not limited to, rilose Colorado statUtes which require posting of <br />performance and labor and material bonds and withholding of retainage. <br /> <br />e. Allottee's rights in the Pipeline shall not include: <br /> <br />1. Rights-of-Way Acquired in Connection with the Pipeline. All rigbts-of- <br />way acquired in connection with the Pipeline shall belong to the SWSP <br />Enterprise subject to tile obligation of SWSP Enterprise to make <br />reimbursement to the Participants for furore use of the rights-of-way as set <br />forth herein. Use of these rights-of-way by any Participant for any purpose <br />other than the Pipeline is at the sole discretion of the Board; except that all <br />Participants shall have rile right to use the Pipeline rights-of-way at no <br />increased cost to COnllect ro rile Pipeline and obtain delivery of water at their <br />respective points of delivery described in Schedule A (or any changed point <br />of delivery), and to cross the Pipeline rights-of-way with their own utiliry <br />lines so long as such utiliry lines do not unreasonably interfere with rile <br />operation, maintenance and replacement of the Pipeline. Tills provision shall <br />not in any way affect rile exercise by any Participant of its rights in its own <br />properrythat may be crossed by rile rights-of-way acquired in connection with <br />rile Pipeline. Except as provided above, all Entities shall be required to pay <br />the Participants for use of rile rights-of-way in an amount equal to the greater <br /> <br />\;jANAGEME~1 AGREEME'tTSIALLOiMl'IT.FMG 7 <br />