2014-11-25_HYDROLOGY - M1977098 - Laserfiche WebLink

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water diveited pursuent to (hc terms of Applicant's water right and the leans of Ibis Contract. !,; p:icam ag;ccs to pro:dde accurate readings front such device ur mcicr to District upon District's request. Applicant acknowledges that failurt to comply tvit:• this paragraph could result in I:gnl action to tenninate Applicant's diversion of writer by the S1 etc of Colorado Division of Waver Resources. By signing ibjs Coo tract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours fortbe purposes of determining Applicant's actual use of water. ! .. 't 18. Representations: By executing ibis Contract, Applicant agrees that it is notrcl }ring on any legalor engineering adrice that Applicant may believe has been received from the District. Applicant futihet acknowledges thni it has obtained all oecefsary legal tad engineering advice from Applicant's own sources other than the District. Applicant. further acknowledges that lheDistricl snakes no guarantees, warranties, or assurances wbatsoever about te quaidor quality of wer evnilablpursuan to his Cairy rtract. Should Ilse District be unable to provide the water contracted for hiereio; no dar agcs•tnay be (tssesscd against the District, nor may Applicant obtain a refund from the Distdct. i • 19. Costs of Water Court Filing acid AutzinmJU12 n Pfau: Should the District, in its own discretion, chbose to include Applicant's Contract herein in a writer court filing forallernate point ofdiversion orplan of augmenialion, then Applicant hereby agrees to ply to the District, tilien assessed, an addilionaf fee. representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro- raia'share of the total cost incurred by the District in preparing, filing and:pdrsuiiig to decmelIte water court case. The pro -rala dtare shall be calculated by dividing such total cost by the number of coutraciecs included in the filing. Tothe extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicanl's,Contracl in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contracteos. . i • 20. Binding Aeregtlicat, This agreement shall not be complete nor binding upon the District unless attadhedhereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully complcled by Applicant and approved by the District'sengincec Said a llacbrnenls shell by this reference thereto be incorporated into the tennsoflhisagrcement. Allcotrespondencefrotathe District to Applicant referring to or reledog to this agreement is by this reference incorporated into Ibis agreement as further terms and conditions of this ngreemcnl. .i i 21. ing: iTISTHESOLE RESPONSIBILITY OF THE APPLiCMTT0 OBTAIN AVAL16 WELL PERMITOR OTHER WATER RIGHT IN ORDERTO DIVERTiYATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT: 1TIS THE CONTI NUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER)UGHff INCLUDING FILING FOR EXTENSIONS OFPERMITS, FILING WELL COMPLETION REPORTS, FILING STAT$MENTS OF BF,.NEFICIAL USE,OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOU1;.JirASTE. 22, REA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIOIIT THAT IS THE SUBJECTOF THISCON7'RACT IS LOCATED OUTSIDE "AREAA "AS DESIGNATED BYT HEDIsTRICT , THEN THIS PARAORAPHAPPLIES:.THB AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER TH IS CONTRACT MAY ONLY PROTECT APPLICA`jNt"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM:AXY OTHER .1I t