2015-10-30_HYDROLOGY - M1982147 - Laserfiche WebLink

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without limitation replacement and exchange purposes in connection with any 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 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 reclaimed wastewater 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 October 25, 1993, Intergovernmental Agreement for Lease of Effluent with the State of Colorado, Division of Parks and Outdoor Recreation and any renewals thereof; (b) its obligations pursuant to Water Division 1, Case Nos. 95CW226 and 227, Case No. 99CW158, Case No. 01CW284 and Case No. 02CW341; (c) the November, 30, 2007, Water Supply Agreement with the Rocky Mountain Energy Center, LLC; (d) the May 20, 2003, Water Rights Purchase and Sale Agreement with the City of Thornton, Colorado; (e) the May 19, 2006, Reusable Water Lease Agreement with the Central Colorado Water Conservancy District, and (0 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. The Unit Rate shall remain constant throughout the term of this Agreement. 9. Payment. Aurora shall bill for all Reclaimed Wastewater it will deliver during each "Lease Year," defined as follows: (a) The "2016 Lease Year" includes any water delivered during the remaining 2015 water year (November 1, 2014 — October 31, 2015), and during the 2016 water year (November 1, 2015 — October 31, 2016), as shown on the Delivery Schedule. Aurora will bill Lessee on November 2, 2015, for the 2016 Lease Year. 009411\0310\11688512.6