2014-10-29_HYDROLOGY - M1982131 - Laserfiche WebLink

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as Aurora is capable of delivering the Reclaimed Wastewater to the delivery points according to the Delivery Schedule, Lessee will be obligated to pay the per-acre foot charge set forth in Paragraph 8 below regardless of whether or not Lessee uses the Reclaimed Wastewater. 3. Delivery Location. (a) Delivery Points. Lessee agrees that Aurora shall initially make its delivery of the Reclaimed Wastewater at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite treatment facility ("Hite"). Lessee further agrees that Aurora may, in its sole discretion, satisfy its delivery obligations under this Agreement by delivering the Reclaimed Wastewater at any other delivery point or delivery points on the South Platte River(each of Hite and such other delivery points, hereinafter, a "Delivery Point" and collectively, the "Delivery Points"), provided that such alternative Delivery Points are located within a reach of the South Platte River beginning at or below Hite and continuing downstream to a point at or above the location on the South Platte River that is approximately 80 miles downstream of Hite at the confluence of the Cache la Poudre River and the South Platte River (such location, the "Point of Use"). Lessee acknowledges and agrees that the alternate Delivery Points may include, but are not limited to, other wastewater treatment plants that may be constructed in the future that discharge Reclaimed Wastewater owned by Aurora, the Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the Reclaimed Wastewater hereunder, Lessee shall assume sole liability for any loss, damage, or injury that may occur to persons or property as the direct or indirect result of the control and/or use of said Reclaimed Wastewater by Lessee. The amount of Reclaimed Wastewater needed at the Delivery Points was calculated by Lessee to include any transportation losses, or "shrinkage," from Hite to Lessee's point of use downstream. Lessee also acknowledges the travel time between the alternate Delivery Points and Lessee's Point of Use varies, but that the timing for Aurora's delivery obligations as provided for under the Delivery Schedule shall remain the same regardless of Aurora's use of alternative Delivery Points. (b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of Reclaimed Wastewater to be delivered under this Agreement are deemed to be satisfied if Aurora makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its sole discretion, to make its delivery of any Reclaimed Wastewater under this Agreement at a Delivery Point other than Hite, and if delivery at such alternative Delivery Point(s) results in reduced transit loss, Aurora shall be entitled to retain such avoided transit loss with no credit to Lessee in water, money or otherwise. Aurora shall maintain and provide to Lessee a monthly accounting and report of daily deliveries at the Delivery Point(s). If Aurora elects to deliver some or all of the Reclaimed Wastewater at alternative Delivery Point(s), then the foregoing reports shall include the calculated amount of avoided transit loss and the amount of water physically delivered at such alternative Delivery Point(s). For purposes of calculating any such avoided transit loss, the Parties hereby agree that the volume of Reclaimed Wastewater required to be delivered by Aurora in accordance with the Delivery Schedule shall be discounted by an amount equal to one-half of one percent (0.5%) of such volume during the April through September irrigation season, or one-fourth of one percent (0.25%) of such volume during the 009411\0310\1749535.3 2