Laserfiche WebLink
5. Place of Delivery. The Place of Delivery will be the location where water is released <br />from Pueblo Water's 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 Lessee's 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 />