2015-09-22_HYDROLOGY - M1980110

• Permit No: M1980110
• IBM Index Class Name: HYDROLOGY
• Doc Date: 9/22/2015
• Doc Name: Sub Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: TOD
• Media Type: D
• Archive: No

substitute water supply plan approved by the Colorado State Engineer's Office, augmentation and
exchange purposes in accordance with any augmentation plan or appropriative right of exchange
decreed by the Colorado Water Court, and any other lawful exchanges; provided that such use is
consistent with the terms of this Agreement and all applicable laws, rules and regulations.
Notwithstanding the foregoing provision, however, this entire Agreement shall be void if the
Reclaimed Wastewater is used in any manner that benefits United Water and Sanitation District,
East Cherry Creek Valley Water and Sanitation District or Farmers Reservoir and Irrigation
Company.
6. Water Rights Accounting. Lessee will be solely responsible for any and all reporting
and accounting required by the Colorado State Engineer, the Division Engineer for Water
Division 1, the Water Commissioner for Water Commissioner District 2, or any other lawful
authority after Aurora makes its delivery of the Reclaimed Wastewater as provided for under this
Agreement. This responsibility includes, but is not limited to, Lessee's withdrawal of the
Reclaimed Wastewater from the South Platte River (if any) and Lessee's use of the Reclaimed
Wastewater. Aurora will provide any and all reporting and accounting required by the Colorado
State Engineer, the Division 1 Engineer, or any other lawful authority concerning proof of the
reusability of the Reclaimed Wastewater and conveyance of the Reclaimed Wastewater to the
Delivery Point.
7. Subordination Clause. This Agreement shall be made expressly subordinate to any
present or future use of effluent by Aurora for the purposes of augmentation, exchange, or any
other use which is or will be of greater direct benefit to Aurora and the users of its water delivery
system, as well as to the water supply obligations which Aurora has incurred or will incur
through any of the following: (a) the March 2, 1981, Water Agreement with the City of Arvada,
Colorado and any renewals thereof, (b) the October 25, 1993, Effluent Agreement with the State
of Colorado, Division of Parks and Outdoor Recreation and any renewals thereof; (c) its
obligation pursuant to the Substitute Water Supply Plan for Upper Cherry Creek Management
Association approved March 19, 1998, and any renewals thereof; (d) its obligations pursuant to
Water Division 1, Case Nos. 95CW226 & 227, Case No. 99CW158, Case No. OICW284 and
Case No. 02CW341; (e) the April 23, 2001, Agreement for Reclaimed Wastewater with Calpine
Corporation; (f) the May 20, 2003, Water Rights Purchase and Sale Agreement with the City of
Thornton, Colorado; (g) the May 19, 2006, Reusable Water Agreement with the Central
Colorado Water Conservancy District, and (h) any and all obligations resulting from any firm
delivery annual lease or delivery contract of Reclaimed Wastewater executed prior to the date of
this Agreement. The foregoing subordination does not, in and of itself, create an excuse for
Aurora's failure to deliver the Reclaimed Wastewater under this Agreement. However, Aurora
and Lessee agree that the purpose and effect of the foregoing subordination is to establish a
priority among and between Aurora's obligations under this Agreement and Aurora's other
obligations with respect to its Reclaimed Wastewater in the event of a force majeure event
causing delay or interruption in Aurora's delivery of the Reclaimed Wastewater.
8. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred dollars
($300.00) per acre-foot ("Unit Rate") for all Reclaimed Wastewater delivered under this
Agreement in 2015. Starting with the calendar year 2016 and for each calendar year through the
end of the term of this Agreement, the Unit Rate applicable to each calendar year shall be
102.5% of the Unit Rate for the previous calendar year.
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