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6.. Water. The water-to be delivered pursuant to this 1-,ease will be raw,tfntrealed water <br /> from any one or a combination of'sources available to the District. Once such "later is delivered <br /> to Lessee pursuant to this Lease, Lessee shall have the riaht to recapture, revise; and dispose of <br /> C I <br /> such water to its. extinction. The District does not warrant and shalt not be responsible for the <br /> quality of the water or the adequacy of such qualit-Y for any specific purpose. <br /> 7. Location of Delivery of Water. The District will deliver the teased water to the <br /> Arkansas River basin at a location or locations to be determined by the District. Althougyh the, <br /> District shall C011SUlt 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 flan.,the D 1 stric! <br /> does not warrant that the leased water can or will be delivered at a-location sufficient for Lessee's <br /> Reptacement Man. If the leased water is ler-orn stored sources, the District may JeJiver 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 -%vatA-,r flows into the stream. The Distrilet shall not be <br /> responsible for any diversion, measuring, or storage of the leased water after delivery of the Nwca-er <br /> by the District. <br /> S. Rate of DeNyery,of Water. The District shad~dcli-,--cr the leased water at times and <br /> rates to be determined by the District. Annually, on or before November I". Lessee shall provide <br /> the District with a proposed monthly delivery schedule 1or the following calendar year or portion <br /> thereof). The p-roposed delivery schedule shall include monthly totals in terms o,F acre-feet per <br /> month and maximum and mint-mu m daily rat in terms of acre-feel per day. Aitfiouqh the District <br /> shall make reasonable attempts to deliver the leased water at tunes and rates specified in the <br /> proposed scheduie, the District does not warrant delivery of the leased water at times and rates <br /> sufficient for Lessee'-s Replaceme-nt Plan. <br /> 9. Determination of Water Availability by the. District Board. The District Board <br /> altows surplus-water to be fir-,..ased to others-ors za temporary basis,such as this lease, unill tb-,.,A-.-same <br /> is needed by participants in the DI-strict7s a U gill eflta-C-1011. S-LJ)StjtUte SUPI)INI, 01- I-epl-clCelykent J JaJJS, <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 tirne to time as <br /> occasion may require. <br /> 10. hiterruption of Water Supply Beyond District Control._Both pal-ties to this Lease <br /> recounize that the DIStricts Consun-table Water is variable in quantity for reasons beyond the <br /> control of the Di,.strict, The District shall not be liable in tort or contract for any fai i tire to accurately <br /> anticipate a-vailability of water supply or because of an actual failure to supply water due to <br /> circumstances beyond the reasonable controi of the District., inciuding but not limited to act of <br /> God, strike- war. insurrection. or inabilitv to serve arising out of the order of any cow-t, or the <br /> lam ibi order of any (,,lov,ern3-neiitai,admin.ist.rativ-e body,or aggency clothed with auth-ority,to reaulate <br /> matters pertaining to water,public utilities,public health or pollution control. <br /> 11. Emergenev-W ater Limitations. The parties agree that from time to tin-le emergency <br /> situations may require the District to limit leases of or the use of water leased from the District. <br /> Long-term Lease 6111 t 6 <br />