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6. Nater. The water to be deiivered pursuant to this Lease will be raw; untreated water <br />from any one or a combination of sources available to the District. Once such water is delivered <br />to Lessee pursuant to this Lease, Lessee shall have the right to recapture, reuse; and dispose of <br />such water to its extinction. The District does not warrant and shall, not be responsible for the <br />quality of the water or the adequacy of such quality for any specific purpose. <br />7. Location of Delivery of Water. The District will deliver the leased water to the <br />Arkansas River basin at a location or locations to be determined by the District. Although the <br />District shall consult with Lessee and make reasonable attempts to deliver the leased water at a <br />location or locations sufficient to meet the requirements of Lessee's Replacement Plan, the District <br />does not warrant that the Teased water can or will be delivered at a =location Sufficient for Lessee's <br />Replacement Plan. If the leased water is from stored sources, the -District may ;deliver it to the <br />reservoir or at the outlet to the reservoir. If the leased water is not from storage, the District may <br />deliver it at the location where such water flows into the stream. The District shall not be <br />responsible for any diversion, measuring, or storage of the leased water after delivery of the water <br />by the District. <br />&. Rate of Delivery of Water. The District shalt deliver the leased water at times and <br />rates to be determined by the District. Annually, on or before November 1St, Lessee shall provide <br />the District with a proposed monthly delivery schedule for the following calendar year (or portion <br />thereof). The proposed delivery schedule shall include monthly totals in terms of acre-feet per <br />month and maximum and minimum daily rates in terms of acre-feet per day. Although the District <br />shall make reasonable attempts to deliver the leased water at times and rates specified in the <br />proposed schedule, the District does not warrant delivery of the leased water at times and rates <br />sufficient for Lessee's Replacement Plan. <br />9. Determination of Water Availability by the District Board. The District Board <br />allows surplus water to be leased to .others on a temporary basis, such as this lease, until the same <br />is needed by participants in the District's augmentation, substitute supply, or replacement plans. <br />The extent to which surplus water is needed by participants in the District's plans is a fact to be <br />determined by the District Board in the exercise of its reasonable discretion from time to time as <br />occasion may require. <br />10. Interruption of Water Supply Beyond District Control. Both parties to this Lease <br />recognize that the District's Consumable Water is variable in quantity for reasons beyond the <br />control of the District. The District shall not be liabie in tort orcontract for any failure to accurately <br />anticipate availability of water supply or because of an actual failure to supply water due to <br />circumstances beyond the reasonable control of the District, including but not Iimited to act of <br />God, strike, war, insurrection, or inability to serve arising out of the order of any court, or the <br />lawful order of any governmental administrative body-oragency clothed with authorityto regulate <br />matters pertaining to water, public utilities, public health or pollution control. <br />11. Emergency Water Limitations. The parties agree that from time to time emergency <br />situations may require the District to limit leases of or the use of water leased from the District. <br />Long -terns Lease 6/1/16 <br />