2019-12-19_HYDROLOGY - M1977560 - Laserfiche WebLink

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Tile parties agree that the necessity for such limitation is a fact to be determined by the Disvict hi the exercise of its reasonable discretion from time to time, as occasion may require. The pal-ties agree that the District may adopt such reasonable restrictions on the use of this!eased water or priorities for curtai-led use. as may be necessary to adapt to such emergency conditions, includina finaltations,on Lessee#s,supplies:pursuant to,this Lease. The District shall not be liable iii tort or contract for imposing such reasonable restrictions. In the event that the District is unable to deliver the leased water as spteffi ed in this Lease, then.Lessee's payment for water shall be reduced or reftwded in proportion to the amoLmt Of any reduction of de'liveries by the District. 12. Not a Permanent tz The parties understand and agree that this Lease is not to be interpreted as any commitment on the part of the District to fumish water to Lessee on za .permanent basis, but rather to as-sdst Lessee in supplementin.-g-Lessee's own supplies by the leased water frorn the District for a temporary period. 13. Ri,pbT M Object. The parties an der sLand acid noree that the District specifically Z reserves its right to object and inay object to any Replacement Plan filed by Lessee to protect its interests in the water and this Agreement and to enSUre compliance with applicable law, inch-idina the prevention of injury to other vested or conditional water rights,regardless of flow Lessee uses the xv ater. 1.4, Time of Time is o,f the essence, and if any obligation created by this, (-ease is i-iot performed by eftlier partv.then the nondef-aulting party shall have all remedies available to it in law and equity. 15. This Lease may be assigned by Lessee only upon prior written consent of the District and at the District's sole diser-etionm 16. This Lease does not give Lessee-any legal or equitable title in,or to the water rights from which the water is derived or any water or water rights of the District. This Lease does not entitle Lessee to seek udiciat approval of a permanent commitment of or change in the water r1glits trom which the water is derived. 17. In the event of litigation regarding this Lease,the prevailing party sh-all be awarded ZM_1 - its costs, including reasonable attomeys* fees, 18. Tliis l-ease-shall be croverned by the laws of the State of Colorado. till FN WMINIESS WHER-EOF,the parties hereto have set their hands and seals on the day and veer first above written. UPPER ARKANSAS WATER CONSERVANCY DISTRICT, by and through its UPPER ARKANSAS WATER ACTIVITY ENTERPRISE Long-term Lease 6-11/16 . .........