Laserfiche WebLink
5. Delivery of Consumable Water. Pueblo Water agrees to deliver to Lessee, at the Place <br /> of Delivery described in Paragraph 6, transmountain water or other water totally consumable <br /> under Colorado law, including but not limited to, reusable return flows from transmountain water <br /> or other fully consumable water. Once delivered to Lessee, all water not firlly consumed by <br /> Lessee's use remains the property of Pueblo Water. <br /> 6. Place of Delivery. The Place of Delivery will be on the Arkansas River at the <br /> confluence with Fourmile Creek, the confluence with Beaver Creek, or Pueblo Reservoir. <br /> 7. Choice of Water Source. Pueblo Water may release the water from Pueblo Water's <br /> stored water at Clear Creek Reservoir, Turquoise Reservoir, Twin Lakes Reservoir; from direct <br /> flow transmountain water; or from any other reservoir or place from which Pueblo Water may <br /> legally deliver water from storage or by exchange, with the sources of such water to be at the <br /> option of Pueblo.Water. At the option of Pueblo Water, such sources may be changed from time <br /> to time to suit the operational convenience of Pueblo Water. <br /> 8. Diversion, Measurement, and Administration. Lessee must provide appropriate and <br /> lawfiil means of diversion of the leased water, including such measuring devices as the Colorado <br /> administrative authorities may require. If Pueblo Water's approval or cooperation is required by <br /> Lessee in the administration of diversions of the leased water, then Pueblo Water agrees to <br /> provide the same, at the cost of Lessee. <br /> 9. Approval to Utilize Water. If Lessee requires approvals from administrative or judicial <br /> authorities to use the water to be delivered under this Agreement, then Pueblo Water will <br /> cooperate with Lessee to provide information regarding Pueblo Water's water rights that may be <br /> needed to obtain approval of Lessee's water use. However, all costs of any such approvals will <br /> be borne by Lessee. Lessee will not file an application with any administrative or judicial <br /> authorities that includes a change to any of Pueblo Water's water rights without the express <br /> written consent of Pueblo Water, which consent is in the sole discretion of Pueblo Water. <br /> 10. Rate of Delivery. Pueblo Water will not be required, to deliver water at a rate higher <br /> than 25 c.f.s., but may do so in its discretion. Pueblo Water will upon written request deliver at <br /> rates lower than 5 c.f.s. subject, however, to the following: <br /> 10.1. Any such lower rate of delivery is subject to the approval of the Division <br /> Engineer, Water Division No. 2; <br /> 10.2. Any such delivery from Pueblo Water's supplies at Turquoise, Twin Lakes or <br /> other reservoir not controlled by Pueblo Water is subject to the approval of the agency <br /> which operates or controls discharges from said reservoir; <br /> 10.3. 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 /> Page 2 of 7 <br />