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river mile in distance between Hite and such alternative Delivery Point(s) (such distance calculated <br />to the nearest one-tenth of a nine), or by such other amount as determined by the Division Engineer <br />for Water Division No. 1 (such office or its replacement the "Division Engineer") or as specified <br />in an applicable statute or decree from a court of applicable jurisdiction. The product of this <br />calculation shall represent the amount of avoided transit loss in acre-feet, which Aurora shall be <br />entitled to retain. <br />4. _Source and Ouality of Reclaimed Wastewater. The Reclaimed Wastewater to be <br />provided by Aurora under this Agreement shall, at Aurora's discretion, consist of Aurora's reusable <br />municipal return flows to the South Platte River, any fully consumable portion of changed <br />irrigation water rights owned by, or available to Aurora, fully consumable water diverted pursuant <br />to decrees entered in 03CW414, 03CW415 and 06CW 104, and any other legal source of <br />Reclaimed Wastewater available to Aurora. Under no circumstances shall this Agreement be <br />interpreted to mean that Aurora must supply potable water should the sources set forth in this <br />paragraph be unavailable. Aurora does not warrant or guaranty any water quality standards with <br />respect to the Reclaimed Wastewater to be delivered as provided for under this Agreement and <br />Lessee hereby waives any such warranty or guaranty. <br />5. Use of Reclaimed Wastewater. Lessee shall have the right to use and reuse to extinction <br />the Reclaimed Wastewater delivered under this Agreement for water supply purposes, including <br />replacement and exchange purposes in connection with any substitute water supply plan approved <br />by the Colorado State Engineer's Office, and augmentation and exchange purposes in accordance <br />with any augmentation plan decreed by the Colorado Water Court; provided that such use is <br />consistent with the terms of this Agreement and all applicable laws, rules and regulations. <br />Notwithstanding the foregoing provision, however, this entire Agreement shall be void if the <br />Reclaimed Wastewater is used in any manner that benefits United Water and Sanitation District, <br />East Cherry Creek Valley Water and Sanitation District or Farmers Reservoir and Irrigation <br />Company. <br />6. Water Rights Accounting. Lessee will be solely responsible for any and all reporting and <br />accounting required by the Colorado State Engineer, the Division Engineer for Water Division 1, <br />the Water Commissioner for Water Commissioner District 2, or any other lawful authority after <br />Aurora makes its delivery of the Reclaimed Wastewater as provided for under this Agreement. <br />This responsibility includes, but is not limited to, Lessee's withdrawal of the Reclaimed <br />Wastewater from the South Platte River (if any) and Lessee's use of the Reclaimed Wastewater. <br />In addition to the report requirements set forth in Section 3(b) above, Aurora will provide any and <br />all reporting and accounting required by the Colorado State Engineer, the Division 1 Engineer, or <br />any other lawful authority concerning proof of the reusability of the Reclaimed Wastewater and <br />conveyance of the Reclaimed Wastewater to the Delivery Point(s). <br />7. Subordination Clause. This Agreement shall be made expressly subordinate to any <br />present or future city use of effluent for purposes of augmentation, exchange, or any other use <br />which is or will be of greater direct benefit to Aurora and the users of its water delivery system, as <br />well as to the water supply obligations which Aurora has incurred or will incur through any of the <br />following: (a) the March 2, 1981, Water Agreement with the City of Arvada, Colorado and any <br />renewals thereof; (b) the October 25, 1993, Effluent Agreement with the State of Colorado, <br />Division of Parks and Outdoor Recreation and any renewals thereof; (c) its obligation pursuant to <br />