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R I <br /> ECEIVED <br /> JUN <br /> +AEIRE1 QU <br /> SIATE ENGINEER <br /> !Ip�I jIR�- r Iry�ry I* <br /> COILO <br /> Determination of Water Availability by Pueblo <br /> Pueblo Water has determined <br /> r Water. <br /> that the welfare of Pueblo and its inhabitants requires a stable water supply not only for its <br /> +citizens putting beneficial <br /> belonging <br /> ■ i m <br /> Water. whichTherefore, the extent to • r <br /> on of water delivery outside <br /> Pueblo may be necessary to enable Pueblo Water to provide adequately for users+ inside <br /> M is <br /> a fact to be determined by Pueblo Water in the exercise of its reasonable discretion from time to <br /> time as occasion may require. <br /> • i i <br /> Interruption of Water Supply Beyond Pueblo Water's <br /> While it 'I's the <br /> # Control. <br /> maintainpurpose of Pueblo Water to metropolitan area logically dependent on Pueblo Water for water supply and for r <br /> r r i <br /> temporaryIts <br /> always be adequate for Both PaTtles to this Agreement recognize that the water supply for <br /> contract customers, there are many elements that make it uncertain whether the supply can <br /> Pueblo Water and its water customers is dependent upon sources from which the supply 'i's <br /> variable in quantity and beyond the control of Pueblo Water. No liability in tort or contract <br /> attaches to Pueblo Water hereunder on account of any failure to accurately anticipate availability <br /> of water supply, or because of an actual failure to supply water due to inadequate runoff or <br /> inadequate storage,; arising <br /> including, r limited r r insurrection, inabilityof the order of any court, or the lawful order of any governmental ■ ; r <br /> entity <br /> r authority <br /> control.regulate matters pertaining to water,public utilities,public health,or pollution <br /> P i ; <br /> Emergencies or Water <br /> ■ Shortages. The partes agree that from tme to time emergency <br /> or shortage Situations <br /> i ; i necessity r limit <br /> Water. <br /> of Pueblo The parties agree that the necessity for such limitation 'is a fact to be <br /> adaptdetermined by Pueblo Water 'in the exercise of its reasonable discretion from time to time, as <br /> occasion may require. It is hereby agreed that Pueblo Water may adopt, in the situation of <br /> emergency or shortage, such reasonable restrictions on uses or priorities for curtailed use, as may <br /> be necessary to <br /> in tort or contract attaches to Pueblo Water hereunder on the account of the necessity for <br /> r ■ <br /> 'Interpretedadopting and implementing such policies to meet emergency conditions or shortage. <br /> 17. Not a Permanent Supply. The Parties understand and agree that this Agreement is not <br /> to be <br /> commitment ■ <br /> Agreement. <br /> permanent basis, but rather to provide Lessee with water from Pueblo Water for the temporary <br /> period of the term of this <br /> 18. Sales Tax or Other Taxes. In the event any sales tax or other tax is levied on the water <br /> Agreement is without prejudice to Lessee's right to contest any attempted imposition of r <br /> leased under thi's Agreement, Lessee agrees to pay said tax. Lessee may, however, contest the <br /> imposition of any such tax at Its own expense, and the requirement of such payment under this <br /> • <br />