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<br />, . <br /> <br />availability of the Repayment Water, in addition to other <br />commitments herein to OM&R. <br /> <br />c. In addition to the Repayment Water, the Clinton <br />Reservoir Agreement provides that the Grand County Water Users <br />owe Denver 613 acre feet per year of replacement water <br />("Replacement Water"). During the Term of the Lease <br />Agreement, the Replacement Water shall also be deemed to be <br />repaid to Denver from within and as part of the leased <br />reservoir water. <br /> <br />d. Subsequent to the term of the Lease Agreement, the <br />Replacement Water may be drawn by Denver from the River <br />District Share, if Denver shall acquire the Replacement Water <br />from Middle Park Water Conservancy District or Grand County <br />from the pool to which reference is made in Paragraph 9 above, <br />by assignment or contract. The use of the Replacement Water <br />by Denver shall be subject to the terms of the Substitution <br />Agreement and any decree which may be entered in Case No. <br />91CW252, referenced in Recital F above. Denver shall pay a <br />two percent share of OM&R, calculated as set forth in <br />paragraph 16 by reason of the availability of the Replacement <br />Water, in addition to other commitments herein to OM&R. <br /> <br />21. Denver shall be required to obtain any approvals that may <br />be required to use any Repayment or Replacement Water. <br /> <br />22. Provided that the signatories to the Clinton Reservoir <br />Agreement comply with the terms of paragraphs 16 and 18 thereof, <br />the River District shall not oppose any administrative proceedings <br />or water court applications to the extent they seek to implement <br />the terms of the Clinton Reservoir Agreement, although the River <br />District may file a statement of opposition to monitor any <br />application. <br /> <br />MISCELLANEOUS <br /> <br />23. The River District shall at all times hereafter have the <br />sole right and authority for the development of hydropower at the <br />project without the payment by the River District to Denver of any <br />falling water charge; provided, however, that the River District <br />shall at all times consult with Denver with respect to any Federal <br />Energy Regulatory Commission (FERC) application. The FERC <br />application process and the operation of the Reservoir for power <br />purposes shall not at any time interfere to any extent whatsoever <br />with the delivery of waters in quantity or in time which Denver is <br />entitled to use for any authorized substitution or exchange. <br /> <br />10 <br />