2018-09-25_REVISION - M2014043 - Laserfiche WebLink

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t A money or otherwise. Aurora shall maintain and provide to Frei a monthly accounting and'report of daily deliveries at the Delivery Point(s). If Aurora elects to deliver some or all of the Reusable Raw Water at alternative Delivery Point(s),then the foregoing reports shall include the calculated amount of avoided transit loss, and the amount of water physically delivered at such alternative Delivery Point(s). For purposes of calculating any such avoided transit loss, the Parties hereby agree that the volume of Reusable Raw Water required to be delivered by Aurora in accordance with the Delivery Schedule shall be discounted by an amount equal to one-half of one percent (0.5%)of such volume during the April through September irrigation season,or one-fourth of one percent(0.25%n)of such volume during the October through March non-irrigation season,for each river mile in distance between Hite and such alternative Delivery Point(s)(such distance calculated to the nearest one-tenth of a mile),or by such other amount as determined by the Division Engineer for Water Division I (such office or its replacement the "Division Engineer")or as specified in an applicable statute or decree from a court of applicable jurisdiction. The product of this calculation shall represent the amount of avoided transit loss in acre-feet, which Aurora shall be entitled io retain. 4. Source and Quality of Reusable Raw Water, The Reusable Raw Water to be provided by Aurora under this Agreement shall, at Aurora's discretion,consist of Aurora's reusable municipal return flows to the South Platte River, any fully consumable portion of changed irrigation water rights owned by, or available to Aurora, fully consumable water diverted pursuant to decrees entered in 03CW414, 03CW415,and 06CW104, Water Division 1, and any other legal source of Reusable Raw Water available to Aurora. Under no circumstances shall this Agreement be interpreted to mean that Aurora must supply potable water should the sources set forth in this paragraph be unavailable. Aurora does not warrant or guaranty any water quality standards with respect to the Reusable Raw Water to be delivered as provided for under this Agreement,and Frei hereby waives any such warranty or guaranty. 5. Use of Reusable Raw Water. Frei shall have the right to use and reuse to extinction the Reusable Raw Water delivered under this Agreement for water supply purposes,including 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,ntles and regulations 6. Water Risthts Accountina, Frei 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 Reusable Raw Water as provided for under this Agreement. This responsibility includes, but is not limited to, Frei's withdrawal of the Reusable Raw Water from the South Platte River (if any) and Frei's use of the Reusable Raw Water. In addition to the reporting requirements set forth in Paragraph 3(b)above,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 Reusable Raw Water, and conveyance of the Reusable Raw Water to the Delivery Point(s). 3