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Colorado Water Court,and any other lawful exchanges;provided that such use is consistent with <br /> the terms oft x reement and all applicable laws,rules and regulations. <br /> (b) Aurora does not allow the use of,and Brannan Will not use,the Reusable Raw <br /> Water by direct use,augmentation,replacement,or exchange within or upstream of a decreed <br /> instream flow reach if such use will deprive the decreed in stream flow of water it is entitled to by <br /> priority unless waived by the Colorado Water Conservation Board("CWCl3")consistent with <br /> the CWCB Board procedures and law allovAing suc I h action. Any such use will be deemed a <br /> violation of the terms oft i reement. <br /> 6. WaLer,,.Ri ts Accounting. Brannan will be solely responsible for any and all reporti'ng and <br /> accounting requ i red by the Colorado State Engineer,the Division Engineer for Water Division 11, <br /> the Water Commissioner for Water Commissioner District 2, or any other lawful authority after <br /> Aurora makes its delivery of the Reusable Raw Water as provided for under this Agreement. This <br /> responsibility includes, but is not limited to, Brannan's withdrawal of the Reusable Raw Water <br /> from the South Platte River(if any)and Brannan's use of-the Reusable Raw Water. In addition to <br /> the reporting requirements set forth in Paragraph 3(b) above, Aurora will provide any and all <br /> reporting and accounting required by the Colorado State Engineer,the Division I Engineer,or any <br /> other lawful authority concerning proof of the reusability of the Reusable Raw Water, and <br /> conveyance of the Reusable Raw Water to the Delivery Point . <br /> 7. Subordination Clause. Th"s Agreement shall be made expressly subordinate to any present <br /> or future use of Reusable Raw Water by Aurora for the purposes of augmentation, exchange, or <br /> an Y other use whi-ch is or will be of greater direct benefit to Aurora and tile users of its water I <br /> delivery system,as well as to the water supply obligations which Aurora has incurred or will incur <br /> through any of any and all obligations resulting from any firm delivery annual lease or delivery <br /> contract of Reusable Raw Water executed prior to the date of this Agreement. The foregoing <br /> subordination does not,in and o.bites ,create an excuse for Aurora's failure to deliver the Reusable <br /> Raw Water under this Agreement. However, the Parties agree that the purpose and obligations <br /> under this Agreement and Aurora's other obligations with respect to its Reusable Raw Water <br /> the event of a poi-ce maj'eure event may cause delay or interrupti on in Aurora's delivery of the <br /> Reusable Raw Water. <br /> 8. Con.sideration. In 202 1, Brannan agrees to pay to Aurora the then-current Unit Rate for all <br /> Reusable Raw Water to be delivered 'in Year 202.,1 under this Agreement. The current Unit Rate <br /> for Reusable Raw Waterin 20220 i's Five Hundred and Fifty Dollars($550.00)per acre-foot("Unit <br /> Rate"). The Unit Rate shall escalate on January I of each year subsequent to Year 2020 by the <br /> same percentage as any increase'in Aurora's residential potable water rates. <br /> 9. Pa.1ment. <br /> (a) Aurora shall bill for all Reusable Raw Water it will deliver to Brannan under the <br /> Delivery Agreement for Year 202 1 no later than December 1,2020. <br /> 4 <br />