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<br />'. \ <br />\"" <br /> <br />.,. <br /> <br />n. 'Subdistrict water" shall mean the quantity of water acquired and obtained by the Subdistrict <br />from the development and construction of the Windy Gap Project pursuant to applicable state <br />law, and which is deliverable to Subdistrict allottees. <br /> <br />2. Allocation of Capacitv. <br /> <br />a. SWSP Enterprise covenants that Allottee shall have the perpetual, exclusive riqht to use 6.13 <br />million GPD of capacity in the Pipeline from its point of deli very on the Carter Lake to <br />Broollfield Pipeline to the delivery point described in Schedule A attached hereto, upon <br />completion of construction thereof. Allottee's water will be delivered to Allottee by SWSP <br />Enterprise through the Pipeline at Allottee's request and on a year-round, continuous basis <br />except for disruptions specifically permitted herein and disruptions resulting from <br />emergencies. Allottee shall not have the right to use capacity in the Pipeline allotted to <br />any other Participant without the express permission of the Participant whose capacity is beinq <br />utilized. <br /> <br />b. SWSP Enterprise shall provide Allottee with eighty (80) days' prior written notice of any <br />scheduled disruption in the delivery tights of Allottee descrihed herein. Such eighty (80) <br />day notice shall include the date scheduled for initiation and termination of the disruption. <br />Allottee shall respond within thirty (30) days of receipt of the eighty (80) day notice and <br />such thirty (30) day response notice snaIl notify SWSP Enterprise as to whether the disruption <br />is acceptable or unacceptable. If the scheduled disruption is unacceptable, Allottee shall <br />state conditions under which the disruption would be acceptable to Allottee and provide a <br />minimum disruption of seven (7) con~ecutive days. SWSP Enterprise shall not proceed in <br />permitting the scheduled disruption unless and until issues raised in the response notice have <br />been addressed to reasonably assure ~impaired delivery to Allottee's service users. <br /> <br />c. Allottee's delivery point from the Pipeline set out above and the minimum hydraulic elevation <br />at the delivery point described in Schedule B shall not be changed by the SWSP Enterprise <br />without the written consent of Allottee. The Allottee at its sole discretion may designate <br />one or more alternate points for deliYery from its delivery point described in Schedule A to <br />another point upstream on the Pipelin~ without the consent of SWSP Enterprise so lonq as the <br />change redesignation does not adversely affect the hydraulic characteristics or operation of <br />the Pipeline; provided, however, Al10ttee shall pay all costs of design, enqineering, <br />construction and administration of changing its delivery point(s). <br /> <br />d. In the event that the Pipeline, after completion of construction, has capacity in excess of <br />the initially allocated capacity ('P.xcess Capacity'), Allottee shall have the perpetual, <br />exclusive right to use a pro rata shar~ of the Excess Capacity at Allottee's point of delivery. <br />The Allottee's pro rata share of the EXcess Capacity shall be the Allottee's percentage of the <br />total Individual Segment Specific Costs and Non-Segment specific Costs of the Pipeline for all <br />segments. Allottee's perpetual, exclUsive riqht to use Excess Capacity hereunder shall be at <br />no increased cost and shall be subj~ct to Allottee's full compliance .,ith all the terms, <br />conditions and obligations hereinafter set forth. Allottee shall have the right, at its <br />written request, to have the Excess Capacity allocated in one (1) or more additional Allotment <br />Contracts. <br /> <br />e. The allocation of capacity pursuant to this Contract constitutes a vested property right for <br />which the Allottee has paid fair and adequate consideration. Said allocation is not in any <br />way executory in nature and it is the parties' intent and the economic substance of this <br />transaction that upon the payment of Allottee's Construction costs, the Allottee shall have <br /> <br />3 <br />