C153664 Engineering report - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I Erl.t.:.t"l ::1 :......e :'..1:'.lr~ :'cr ':8n~eC'~On ~o or :...:se 'Jf capacltv ::1 :...l:e Car:er Lake"Oueet "'larks :.~oclfic3.c"': shall ~e disu-:.buted to" each Part.ic:~ar:t and retained :n part hy SWS: ':ntef1lr.se en amounts to be determ.:ned by mu1t:p!y'.ng the ree received ':y the percentage of contrtbution to the Carter Lake Qucet Works ~!0c',!1c3tJon as set fo",_, on Schedule C. wh:ch '.>rJl be created and attached h 'reto after completion of construction of t..~e Car:er :...a..l.(e Queer \Vorks ',~oc:.f1cat1on and shall show :he .:::;t.r:bution of ~"'.e S\VSP Entt.-,nse and each in:ti3.1 P3rJc!pal':t ~o sad \!odification. 11. Rights-or-Way Acquired In Connection with the Pipeline. A.ll c;ghts- of-way acquIred in connecUon WIth the Pipeline shall be!onJ:( '0 tloe SWS? Entef1lrise subject ~a the abllgation of SWSP Entef1lrlse to make reimbursement ta the PartJclpants for future use of the rlghts-of-way as set forth herein. Except for surface use of rights-of-way Wlthlrl and north of the Longmant Planrung Area pursuant ta the "Agreement Between the ,""arthern Colorado Water Conservancy Dlstrtct and the City of Longmont Regardlrlg AcqulsitJon and Use of Pipeline RJght-of- Way', . use of these rights-of-way by any PartJclpant for any purpose other than the Plpellrle is at the sole dJscreuon of the Board: except that all PartiCipants shall have the right to use the Pipeline rights-of-way at no increased cost to connect to the Plpellrle and obtain delivery of water at t.'1eU" respecuve pOlrlts of delivery described in Schedule A (or any changed point of delivery). and to cross the Pipeline rights-of-way WIth theU" own ut1l1ty lines so long as such uulity llrles do not unreasonably interfere wtth the operatJon. maintenance and replacement of the Plpellrle. Except as provided above. all EnUties shall be required to pay the PartJclpants for use of the right-of-way In an amount equal to tloe greater of a) the appraJsed value of the right to 50 use the Pipeline nght- of-way at that time or bl one-half of the actual cost of acquIsItion of the permanent Pipeline right-of-way plus all canylng costs including interest at nlrle percent (9%) from the date of acquiSition of the right-of-way through the date of conveyance. The payment shall be dJvtded among the Participants based upon theIr contrtbutions to the onglnal cost of the Pipeline nght-of-way determlrled on a Segment-by-Segment basis as establIShed lrl the percentages set forth on Schedule 8-3. ill. Hydroelectric Power Potential_ The SWSP Enterpnse shall own all nghts to generate hydroelectric power at any location along the Pipeline: provided. however. that generauon of hydroelectric power shalllrl no way lrlterfere wttl1 the delivery of water to the Allottee. The PartJclpants shall have the right to partJclpate lrl the construction. operation and maJntenance of any hydroelectric power generating facilities along the Pipeline by the SWSP Enterpr1Se. and to the extent they do, they shall be entitled to receIve revenues generated thereby. but Allottee shall otherv.ise have no obligation to pay any part of the cost of construction. operation or maintenance of any such faclllties. Allottee shall own all. rights to generate hydroelectrtc power at locations along Allottee's plpellrles which are connected to but not part of the PIpeline. ."J.lottee shall not construct pipelines. hydroelectric power generaung facilities, or any other facilities whJch are hydraul1cally connected to the PIpeline wtthout first obtainlng prior technical approval for such facilities In WTtting from the SWSP Entef1lrlse to ensure that such faciliUes do not interfere WIth the hydraullc charactenstics or operaUons of the Plpellrle. or otherwtse potentially damage the Pipeline. Should the Allottee's generauon of hydroelectrtc power or operauon of any other facllJUes 7