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S. Place of Delivery. The Place of Delivery will be the location where water is released <br /> from Pueblo Waters stored water at Pueblo Reservoir, Clear Creek Reservoir, Turquoise <br /> Reservoir, Twin Lakes Reservoir; or from direct flow transmountain water rights; with the <br /> sources of such water to be at the option of Pueblo Water. At the option of Pueblo Water,such <br /> sources may be changed from time to time to suit the operational convenience of Pueblo Water. <br /> Lessee bears responsibility for any exchanges necessary to get the leased water from the Place of <br /> Delivery to Lessee's place of use. <br /> 6. Approval to Utilize Water. Lessee will be responsible for compliance with all <br /> applicable laws. If Lessee requires approvals from administrative or judicial authorities to use the <br /> water to be delivered under this Agreement, then Pueblo Water will cooperate with Lessee to <br /> provide information regarding Pueblo Water's water rights that may be needed to obtain <br /> approval of Lessee's water use. However, all costs of any such approvals will be borne by <br /> Lessee. Lessee will not file an application with any administrative or judicial authorities that <br /> includes a change to any of Pueblo Water's water rights without the express written consent of <br /> Pueblo Water,which consent is in the sole discretion of Pueblo Water. <br /> 7. Rate of Delivery. Pueblo Water will not be required to deliver water at a rate higher than <br /> 25 c.f.s., but may do so in its discretion. Pueblo Water will upon written request deliver at rates <br /> lower than 5 c.f.s.subject,however,to the following: <br /> 7.1. Any such lower rate of delivery is subject to the approval of the Division <br /> Engineer,Water Division No.2; <br /> 7.2. Any such delivery from Pueblo Water's supplies at Pueblo, Turquoise, Twin <br /> Lakes or other reservoir not controlled by Pueblo Water is subject to the approval of the <br /> agency which operates or controls discharges from said reservoir; <br /> 7.3. Pueblo Water is not required to make any physical alteration of any outlet gates or <br /> outlet measuring devices or incur any additional cost for the purpose of making such low <br /> rate deliveries. <br /> 8. Transportation and Evaporation Losses. The quantity of water to be delivered <br /> hereunder will be measured at the Place of Delivery. Lessee will bear all transportation and <br /> evaporation losses from the Place of Delivery to Lessee's place of use. <br /> 9. Notice of Delivery. Pueblo Water agrees to make available for delivery up to the <br /> quantity of water stated in paragraph 2 during the term of the Agreement at the request of Lessee. <br /> Lessee must notify Pueblo Water at least two business day in advance of when any requested <br /> delivery of water needs to be released. Such notice will include the desired rate of delivery and <br /> the date and time such delivery should begin and end. Once released by Pueblo Water, it is the <br /> Lessee's responsibility to ensure that the state water officials cause the water released to be <br /> delivered to the Lessees place of use. Pueblo Water will cooperate with Lessee and the state <br /> water officials to provide them with the necessary information concerning the source, location, <br /> rate,and duration of the release of the leased water. <br /> Page 2 of 7 <br />