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<br /> <br />, , <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />antl (3) such additional sums as needed for Subdistrict to <br /> <br />plan, design and c~nstruct facilities needed by the Ranchers <br /> <br /> <br />for the diversion and delivery of the Ranchers' senior <br /> <br />decreed water rights from the Colorado River. Said sums, <br /> <br /> <br />when paid by the Subdistrict and expended or obligated, <br /> <br /> <br />shall not be recoverable in the event the Subdistrict voids <br /> <br />this Agreement under the terms of paragraph 41 below. <br /> <br />Subdistrict shall design and construct such facilities in <br /> <br /> <br />accordance with specifications approved by the State Engineer. <br /> <br />Ranchers agree that the design of any such facility when <br /> <br />approved by the State Engineer, constitutes compliance of <br /> <br />the design requirements by Subdistrict. Subdistrict agrees <br /> <br />to replace and reconstruct such facilities at its own cost <br /> <br />if the same prove to be defective at any time within seven <br /> <br />(7) years after completion of the Windy Gap Project. If <br /> <br />the efficiency or purpose of such facility is rendered <br /> <br /> <br />ineffective or defective for delivery of existing decreed <br /> <br />water to a Rancher because of any action by or operation of <br />Subdistrict, the Subdistrict agrees to correct such defect <br />at its own cost. Subdistrict agrees to process and obtain <br /> <br />such permits as necessary to permit construction of Ranchers' <br /> <br />facili ties. <br /> <br />Individual contracts shall be negotiated with each <br />Rancher in order to meet the requirements of this paragraph, <br />including necessary construction easements, subject, however, <br />to the limitations contained in this Agreement. The contracts <br />for construction of such facilities shall be finalized within <br /> <br />90 days after the Windy Gap Project is under construction, <br />and if not finalized within said periOd, Subdistrict may <br />proceed to construct said facilities as designed by Subdistrict <br />and approved by the State Engineer. <br />17. Subdistrict will dedicate and set aside annually, <br />but noncumulatively, the following amounts of water produced <br />from the Windy Gap water supplies to be stored as follows: <br /> <br />0935 <br /> <br />, <br /> <br />-14- <br /> <br />