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IREGE,i 1`1\1ED <br /> 11.,AN 2 1 9 <br /> �S"IrAlumk 117E Elw� 0luu N'G"I pI�u <br /> 11111NEEIR, <br /> "I"ImIU�oWIulleluEpl 1p in I nIn�illu'I���, <br /> 5. Place of Delivery. The Place of Delivery will be the location where water 'is released <br /> from Pueblo Water's stored water at Pueblo Reservoir, Clear Creek Reservoir, Turquoise <br /> Reservoir, Twin Lakes Reservoir-, or from direct flow transmountain water rightsm with the <br /> sources of such water to be at the option of Pueblo Water. At the option of Pueblo Water, such <br /> sources may be changed from time to fime to suit the operational convenience of Pueblo Water. <br /> Lessee bears respons'Ibi'lity for any exchanges necessary to get the leased water from the Place of <br /> Delivery to Lessee's place of usc. <br /> 6. Approval to Utill"ze Water. Lessee w1*11 be responsiffile for compliance with all <br /> D i i IV <br /> applicable laws. If Lessee requires approvals from admnstrative orjudicial authorifties to use the <br /> water to be delivered under this Agreement, then Pueblo Water will cooperate with Lessee to <br /> ide information regarding Pueblo Water's water rights that may be needed to obtain <br /> prov I I I I <br /> approval of Lessee"s water use. However, all costs of any such approvals will be borne by <br /> Lessee. Lessee will not file an application with any administrative or Judi'cial authorities that <br /> includes a change to any of Pueblo Water"s water rights without the express written consent of <br /> Pueblo Water,which consent is in the sole discretion of Pueblo Water. <br /> 7. Rate of Delivery. Pueblo Water will not be required to deliver water at a rate higher than <br /> 25 c1s., but may do so 'in its discretion. Pueblo Water will upon written request deliver at rates <br /> lower than 5 c1s. subject, however, to the following: <br /> ■ 4 <br /> 7.1. Any such lower rate of delivery is subject to the approval of the Division <br /> Engineer, Water Division No. 2; <br /> 7.2. Any such delivery from Pueblo Water's supplies at Pueblo, Turquoise, Twin <br /> Lakes or other reservoir not controlled by Pueblo Water is subject to the approval of the <br /> agency which operates or controls discharges from said reservoir" <br /> 1 <br /> 7.3. Pueblo Water "is not required to make any physical alteration of any outlet gates or <br /> outlet measuflng devices or incur any additional cost for the purpose of making such low <br /> rate deliveries. <br /> ity <br /> S ■ <br /> Transportation and Evaporation Losses. The quant. of water to be deliveTed <br /> hereunder will be measured at the Place of Delivery. Lessee will bear all transportation and <br /> evaporation losses from the Place of Delivery to Lessee's place of use. <br /> 9. Nofice of Delivery. Pueblo Water agrees to make available for delivery up to the <br /> quantity of water stated in paragraph 2 during the term of the Agreement at the request of Lessee. <br /> Lessee must notify Pueblo Water at least two business day in advance of when any requested <br /> delivery of water needs to be released Such notice will include the desired rate of deli <br /> . very and <br /> the date and time such delivery should be in and end. Once released by Pueblo Water, it is the <br /> 9q <br /> Lessee's responsibilifty to ensure that the state water officials cause the water released to be <br /> delivered to the Lessee's place of use. Pueblo Water will cooperate w ith Lessee and the state <br /> water officials to provide them with the necessary information concerning the source, location, <br /> rate,and duration of the release of the leased water. <br /> Page 2 of 7 <br />