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.-Ol c "~,?_ ~ ',:-~ ' '. ;. I, fee is less than the cost of creating such capacity. then Allottee shall have a light of first ref\,1sal on such capacity. which shall be exercised and/ or extinguished oIl the same terms as the right of first refusal in paragraph 2.h. above. The fee collected by SWSP Ente11>rise from any Entity In the future for connection to or use of capacity in the Carter Lake Outlet Works Modification shall be distributed to each Participant and retained in part by SWSP Ente11>rise in amounts to be determined by multiplying the fee received by the percentage of contribution to the Carter Lake Outlet Works Modification as set forth on Schedule C. which will be created and attached hereto after completion of construction of the Carter Lake Outlet Works Modification and shall show the contribution of the SWSP Ente11>rise and each Initial Participant to said Modification. ii. Rights-of-Way Acquired in Connection with the Pipellne. All lights- of-way acquired in COnIlection with the Pipeline shall belong to the SWSP Ente11>rise subject to the obl1gation of SWSP Ente11>rise to make reimbursement to the Participants for future use of the lights-of-way as set forth herein. Except for surface use of lights-of-way within and north of the Longmont Planning Area pursuant to the "Agreement Between the Northern Colorado Water Conservancy District and the City of Longmont Regarding Acquisition and Use of Pipeline Right-of-Way". use of these lights-of-way by any PartiCipant for any purpose other than the Pipeline Is at the sole discretion of the Board: except that all Participants shall have the right to use the Pipeline lights-of-way at no increased cost to connect to the Pipeline and obtain delivery of water at their respective pOints of delivery desclibed In Schedule A (or any changed point of del1veO'J. and to cross the Pipeline rights-of-way with their own util1ty lines sO long as such util1ty lines do not unreasonably Interfere with the operation. maintenance and replacement of the Pipeline. Except as provided above. all Entities shall be required to pay the Participants for use of the right -of-way In an amount equal to the greater of aJ the apprai!>ed value of the light to so use the Pipeline rlght- of-way at that time or b) one-half of the actual cost of acquisition of the permanent Pipeline ligbt-of-way plus all carrying costs including Interest at nine percent (9%) from the date of acquisition of the right-of-way through the date of conveyance. The payment shall be divided among the Participants based Ilpon their contributions to. the onginal cost of the Pipeline right-of-way determined on a Segment-by-Segment basis as established in the percentages set forth on Schedule B-3. ill. Hydroelectric Power potential. The SWSP Ente11>nse shall own all rights to generate hydroelectric power at any location along the Pipeline; prOVIded. however. that generation of hydroelectric power shall In no way interfere with the delivery of water to the Allottee. The Participants shall have the right to participate in the construction. operation and maintenance of any hydroelectric power generating facilities along the Pipeline by the SWSP Enterprise. and to the extent they do. they shall be entitled to receive revenues generated thereby. but Allottee shall otherwise have no obl1gation to pay any part of the cost of construction. operation or maintenance of any such facilities. Allottee shall own all rights to generate hydroelectric power at locations along Allottee's pipelines which are connected to but not part of the Pipeline. Allottee shall not construct pipelines. hydroelectric power generating facilities. or any other facilities which are hydraulically connected to the Pipeline without first obtaining prior technical approval for such facilities in 7