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BOOK 566 PAGE315 <br />oppose any enlargement, plan for augmentation or change <br />regarding the Leased Water provided such actions do not <br />adversely affect the Mined Land Reclamation Board's right to <br />use the Leased Water. Nothing in this subparagraph 4(d) shall <br />be construed to prevent any other agency of the State of <br />Colorado from opposing any enlargement, plan for augmentation <br />or change of water right regarding the Lease Water. <br />5. Supply. This Lease is subject to the <br />understanding and the parties acknowledge that there is no <br />guarantee as to the legal and physical supply of water that <br />will be produced by the Leased Water inasmuch as the legal and <br />physical availability of water is dependent on the Colorado <br />priority system and natural causes, both beyond the control of <br />the Owners. During the term of this Lease, in the event and <br />during such times as there is an insufficient supply of water <br />to permit diversion of the Leased Water or any portion thereof, <br />the Owners shall have no obligation to provide the State with <br />water in excess of the actual legal and physical supply <br />available to the Leased Water as limited by Section 4(b) above. <br />6. Maintenance. During the term of this Lease the <br />State shall be solely responsible for the operation and <br />maintenance of any diversion and distribution systems required <br />to utilize the Leased Water, and the State shall be solely <br />responsible for all operation and maintenance costs associated <br />with such diversion and distribution systems, including without <br />limitation all pumping costs incurred in transporting the <br />Leased Water. <br />7. AssignabilitY. Each party may assign its rights <br />under this Lease provided that the assignee of such rights <br />assumes all obligations of the assigning party under this <br />Lease. Written notice of any assignment shall be provided to <br />the other party pursuant to the provisions of Secton 8 below 30 <br />days prior to such assignment. <br />3 <br />