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2018-09-25_REVISION - M2014043
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2018-09-25_REVISION - M2014043
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Last modified
1/4/2025 5:09:01 AM
Creation date
9/25/2018 3:01:55 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2014043
IBM Index Class Name
REVISION
Doc Date
9/25/2018
Doc Name
Request for Technical Revision
From
DRMS
To
Albert Frei & Sons
Type & Sequence
TR1
Email Name
JLE
MAC
Media Type
D
Archive
No
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(b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of <br /> Reusable Raw Water to be delivered under this Agreement are deemed to be satisfied if Aurora <br /> makes deliveries in such amounts as if delivered at Hite, Thus, if Aurora elects, in its sole <br /> discretion, to make its delivery of any Reusable Raw Water under this Agreement at a Delivery <br /> Point other than Hite, and if delivery at such alternative Delivery Point(s) results in reduced <br /> transit loss, Aurora shall be entitled to retain such avoided transit loss with no credit to Frei in <br /> water, money or otherwise. Aurora shall maintain and provide to Frei a monthly accounting and <br /> report of daily deliveries at the Delivery Point(s). if Aurora elects to deliver some or all of the <br /> Reusable Raw Water at alternative Delivery Point(s), then the foregoing reports shall include the <br /> calculated amount of avoided transit loss, and the amount of water physically delivered at such <br /> alternative Delivery Point(s). For purposes of calculating any such avoided transit loss, the <br /> Parties hereby agree that the volume of Reusable Raw Water required to be delivered by Aurora <br /> in accordance with the Delivery Schedule shall be discounted by an amount equal to one-half of <br /> one percent (0.5%) of Stich volume during the April through September irrigation season, or one- <br /> fourth of one percent (0.25%) of such volume during the October through March non-irrigation <br /> season, for each river mile in distance between Hite and such alternative Delivery Point(s) (such <br /> distance calculated to the nearest one-tenth of a mile),or by such other amount as detennined by <br /> the Division Engineer for Water Division 1 (such office or its replacement the "Division <br /> Engineer") or as specified in an applicable statute or decree from a court of applicable <br /> jurisdiction. The product of this calculation shall represent the amount of avoided transit loss in <br /> acre-feet,which Aurora shall be entitled to retain, <br /> 5. Source and Quality of Reusable Raw Water, The Reusable Raw Water to be provided <br /> by Aurora under this Agreement shall, at Aurora's discretion, consist of Aurora's reusable <br /> municipal return flows to the South Platte River, any fully consumable portion of changed <br /> irrigation water rights owned by, or available to Aurora, fully consumable water diverted <br /> pursuant to decrees entered in 03CW414, 03CW415, and 06CW 104, Water Division 1, and any <br /> other legal source'of Reusable Raw Water available to Aurora. Under no circumstances shall <br /> this Agreement be interpreted to mean that Aurora must supply potable water should the sources <br /> set forth in this paragraph be unavailable. Aurora does not warrant or guaranty any water quality <br /> standards with respect to the Reusable Raw Water to be delivered as provided for under this <br /> Agreement, and Frei hereby waives any such warranty or guaranty. <br /> 6. Use of Reusable Raw Water. Frei shall have the right to use and reuse to extinction the <br /> Reusable Raw Water delivered tinder this Agreement for water supply purposes, including <br /> without limitation replacement and exchange purposes in connection with any substitute water <br /> supply plan approved by the Colorado State Engineer's Office, augmentation and exchange <br /> purposes in accordance with any augmentation plan or appropriative right of exchange decreed <br /> by the Colorado Water Court, and any other lawful exchanges; provided that such use is <br /> consistent with the terms of this Agreement and all applicable laws,rules and regulations <br /> 7. Water Rlebts Accountina. Frei will be solely responsible for any and all reporting and <br /> accounting required by the Colorado State Engineer, the Division Engineer for Water Division 1, <br /> the Water Commissioner for Water District 2, or any other lawful authority after Aurora makes <br /> its delivery of the Reusable Raw Water as provided for under this Agreement. This <br /> responsibility includes, but is not limited to, Frei's withdrawal of the Reusable Raw Water from <br /> 3 <br />
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