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<br />, ", <br /> <br />800K S91?!GE 339 <br /> <br />and conditions as hereinafter set forth, the parties hereto <br /> <br />agree as follows: <br /> <br />1. That the Ditches shall permit Pioneer, their successors <br /> <br />and assigns, to use the diversion works and canal to furnish <br />. I,. <br /> <br />waters for the use of Pioneer for their plan of augmentation, <br /> <br />underground storage right and surface storage rights as may be <br /> <br />ultimately decreed in said matter by said Water Court to Pioneer. <br /> <br />2. That this agreement between the parties and the use of <br /> <br />the facilities of the Ditches as aforementioned, <br />, <br /> <br />is limited to <br />li --:.:-' ~~. .,. <br />W , as <br /> <br />only those waters decreed to Pioneer in Case No. <br /> <br />presently applied for and pending before the Water Court of <br /> <br />Water Division No. I. The Ditches shall, in their sole and <br /> <br />uncontrolled discretion, designate the time, date and amounts <br /> <br />of any such decreed water that may be diverted through and <br /> <br />stored in the Ditches facilities and the availability of its <br /> <br />facilities and canal to run and deliver said waters. The Ditches <br /> <br />shall use reasonable efforts to deliver such decreed water when <br /> <br />.. <br /> <br />legally available. <br />3. That all such decreed waters of Pioneer shall be de- <br /> <br />livered and measured at Pioneer's headgate(s) designated in the <br /> <br />Decree. Or in the case of using the canals for storage at the <br /> <br />headgate of the Tremont canal. <br /> <br />4. Pioneer shall pay unto the Ditches a handling fee for <br /> <br />such waters as directed by Pioneer and delivered by the ditch- <br /> <br />rider and measured into the headgate(s) described hereinabove <br /> <br />I C'" <br />a sum equal to S . 'l, <br /> <br />per acre foet as measured into said head- <br /> <br />; <br />, <br /> <br />t <br /> <br />