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6. 'Vater. The water to be delivered pursuant to this Lease will be raw, untreated <br />water from any one or a combination of sources available to the District. Once such water is <br />delivered to Lessee pursuant to this Lease, Lessee shall have the right to recapture, reuse, and <br />dispose of such water to its extinction. The District does not warrant and shall not be responsible <br />for the quality of the water or the adequacy of such quality for any specific purpose. <br />7. Location of Delivery of Water The District will deliver the leased water to the <br />Arkansas River basin at a location or locations to be determined by the District. Although the <br />District shall consult with Lessee and make reasonable attempts to deliver the leased water at a <br />location or locations sufficient to meet the requirements of Lessee's Replacement Plan, the <br />District does not warrant that the leased water can or will be delivered at a location sufficient for <br />Lessee's Replacement Plan. If the leased water is from stored sources. the District may deliver it <br />to the reservoir or at the outlet to the reservoir. If the leased water is not from storage, the <br />District may deliver it at the location where such water flows into the stream. The District shall <br />not be responsible for any diversion, measuring, or storage of the leased water after delivery of <br />the water by the District. <br />8. Rate of Delivery of Water. The District shall deliver tite leased water at times and <br />rates to be detennined by the District. Annually, on or before November- I", Lessee shall <br />provide the District with a proposed monthly delivery schedule for the following calendar year <br />(or portion thereof). The proposed delivery schedule shall include monthly totals in terms of <br />acre-feet per month and maximum and minirnum daily rates in terms of acre-feet per day. <br />Although the District shall make reasonable attempts to deliver the leased water at times and <br />rates specified in the proposed schedule. the District does not warrant delivery of the leased <br />water at times and rates sufficient for Lessee's Replacement Plan. <br />9. Determination of Water Availability by the District Board The District Board <br />allows surplus water to be leased to others on a temporary basis, such as this lease, until the same <br />is needed by participants in the District's augmentation. substitute supply, or replacement plans. <br />The extent to which surplus water is needed by participants in the District's plans is a fact to be <br />detennined by the District Board in the exercise of its reasonable discretion from time to time as <br />occasion may require. <br />10. Interruption of Water Supply Beyond District Control Both parties to this Lease <br />recognize that the i)istrict's Consumable Water is variable in quantity for reasons beyond the <br />control of the District. The District shall not be liable in tort or contract for any failure to <br />accurately anticipate availability of water supply or because of an actual failure to supply water <br />due to circumstances beyond the reasonable control of the District, including but not limited to <br />act of God, strike. war, insurrection, or inability to serve arising out of the order of any court, or <br />the lawful order of any governmental administrative body or agency clothed with authority to <br />regulate matters pertaining to water, public utilities, public health or pollution control. <br />Long•tenn Lease 3 16 10 <br />Valco, --{:anon City East Pit <br />Page 3 of 5 <br />