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<br /> <br />~ <br /> <br />.... <br /> <br />. <br /> <br />.. <br /> <br />i <br /> <br />thereto likewise may be omitted from the alternate selected. <br />If hydroelectric features are constructed as a part of such <br />alternate facility, the power revenues therefrom shall be <br />distributed and allocated as set forth in paragraph 7. The <br />nonreimbursable costs of construction of such alternate <br />facility shall not exceed, so far as the obligation of <br />Subdistrict is concerned, excluding the costs of compliance <br />with paragraph 16, the sum of $10,000,000 escalated or <br />deescalated from the date of this Agreement in accordance <br />with the ENR (Engineering News Record) nIrrigation and Hydro <br />Cost Index for the Westn to the date of award of contract <br />for the construction of the alternate facility. If said <br />alternate facility has included therein hydroelectric features, <br />Subdistrict shall include in said $10,000,000 the previously <br />incurred costs relating to the Azure Reservoir and Power <br />Project and the costs of compliance with paragraph 16. <br />Should construction of the Azure Reservoir and <br />Power Project not be initiated within 15 years from the date <br />of initiation of construction of the Windy Gap Project, or in <br />the case of an alternate facility, within 20 years of said <br />date, and any extension thereof mutually agreed to by River <br />District and Subdistrict, then the Subdistrict shall have the <br />right to apply to the Water Judge for Water Division 5, <br />subject to the right of appeal, for a determination that <br />under the then extant conditions, the Subdistrict's actions <br />hereunder, other than construction of the Azure Project or the <br />alternate facility, constitute adequate compliance with <br />C.R.S. 1973, 37-45-118(1) (b) (IV) to the end that Subdistrict <br /> <br />shall be relieved from any further duty in relation to its <br />Windy Gap Project diversions and said statute. <br />Should the parties hereto agree to forego additional <br />work toward construction of the Azure Reservoir and Power <br /> <br />Project or the alternate facility contemplated hereunder, <br />and/or the Water Court should relieve the Subdistrict from <br />any further duty, the Subdistrict shall forthwith assign to <br /> <br />" <br /> <br />-11- <br /> <br />0938 <br /> <br />