PROJ00198

• Contract/PO #: C153668
• Contractor Name: Erie, Town of
• Contract Type: Loan
• Water District: 0
• County: Weld
• Bill Number: SB 90-41
• Loan Projects - Doc Type: Contract Documents

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n. "Subdistrict" shall mean the Municipal Subdistrict. Northern Colorado Water
Conservancy District. a political subdMsion of the State of Colorado. and a body
corporate With all the powers of a public or municipal corporation. organized.
and existing by virtue of TItle 37. Article 45, Colorado Revised Statutes, as
amended.

o. "Subdistrict water" shall meaD the quantity of water acquired and obtained by
the Subdistrict from the development and construction of the Windy Gap Project
pursuant to applicable state lllW, and which is deliverable to Subdistrict
allottees.

2. Allocation of Caoacitv.

a. SWSP Enterprise covenants that Allottee shall have the perpetual, exclusive
right to use 1.03 million GPD of capacity In the Pipeline from Carter Lake to the
delivery point described in Schedule A attached hereto, upon completion of
construction thereof. Allottee's water Wi1J be delivered to Allottee by SWSP
Enterprise through the Pipeline at Allottee's request and on a year-round.
continuous basiS except for disruptions specifically permitted herein and
disruptions resulting from emergencies. Allottee shall not have the right to use
capacity In the Pipeline allotted to any other Participant Without the express
permission of the Participant whose capacity is being utilized.

b. SWSP Enterprise shall provide Allottee With eighty (80) days' prior written notice
of any scheduled disruption in the delivery rights of Allottee deSCribed herein.
Such eighty (80) day notice shall Include the date scheduled for Initiation and
termination of the disruption. Allottee shall respond within thirty (30) days of
receipt of the eighty (80) day notice and such thirty (30) day response notice
shall notify SWSP Enterprise as to whether the disruption is acceptable or
unacceptable. If the scheduled disruption is unacceptable. Allottee shall state
conditions under which the dlilruption would be acceptable to Allottee and
provide a Ininimum disruption of seven (7) consecutive days. SWSP Enterprise
shall not proceed In permitting the scheduled disruption unless and until issues
raised In the response notice bave been addressed to reasonably assure
unimpaired delivery to Allottee's serv1ce users.

c. Allottee's delivery pOint from tile Pipeline set out above and the Ininimum
hydraulic elevation at the delivery pOint described in Schedule B shall not be'
changed by the SWSP EnterpIise Without the written consent of Allottee. The
Allottee at its sole discretion may designate one or more alternate points for
delivery from its delivery point described In Schedule A to another point
upstream on the Pipeline Without the consent of SWSP Enterprise so long as the
change redesignation does not adversely affect the hydraulic characteristics or
operation of the Pipeline; provided. however. Allottee shall pay all costs of
design, engineering, construction and administration of changing its delivery
polnt(s).

d. In the event that the Pipeline. after completion of construction, has capacity
downstream of the Carter Lake Outlet Works Modification In excess of the
Initially allocated capacity ("ElCcess Capacity"), Allottee shall have the perpetual.
exclusive right to use a pro rata share of the Excess Capacity at Allottee's point
of delivery. The Allottee's pro rata share of the Excess Capacity shall be the
Allottee's percentage of the total Individual Segment Specific Costs and Non-
Segment Specific Costs of the Pipeline for all Segments downstream of the
Carter Lake Outlet Works Modification. In addition, if Allottee is entitled to a

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