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4. Operation and Maintenance Costs: UTILITIES will be responsible for the cost of pumping the <br /> Hanna Wells and any other power costs associated with this Agreement, including well-field <br /> pumping,as part of the Ray Nixon Power Plant's overall station use. UTILITIES and SCHMIDT <br /> agree to split equally any and all maintenance costs of the pipeline,pump,motor,and any other <br /> appurtenances associated with the pipeline/pump station necessary for Surplus Water deliveries <br /> from the Hanna Wells. UTILITIES will maintain and provide Surplus Water through the existing <br /> infrastructure;any modifications or additional infrastructure that the parties deem necessary for <br /> Surplus Water delivery to SCHMIDT'S gravel mining operation will be the sole responsibility of <br /> SCHMIDT. <br /> 5. Use of Water: Surplus Water delivered hereunder will only be used to supply SCHMIDT with <br /> nonpotable water for its gravel mining operation,including dust control and construction <br /> activities on or in the vicinity of the quarry and no other purpose in accordance with the terms and <br /> conditions of the SWSP approved by the State Engineer's Office. SCHMIDT agrees and <br /> understands that the Surplus Water it is leasing hereunder is nonpotable and must not be used for <br /> human consumption or sanitary purposes. SCHMIDT further agrees that it will be solely <br /> responsible to comply with all applicable regulatory requirements associated with storing and <br /> using nonpotable Surplus Water in its operations. In no event shall Surplus Water be used to <br /> support development or any other potable use. <br /> 6. Requests for and Delivery of Surplus Water: SCHMIDT shall be responsible to request and <br /> arrange for the delivery of the Surplus Water, including pumping schedules and initial flow rates <br /> for delivery of Surplus Water with UTILITIES' Zero Discharge Plant control room personnel. <br /> UTILITIES agrees to use its best efforts to perform on the request provided,however, <br /> UTILITIES shall not be liable for non-performance for any reason. Once deliveries of Surplus <br /> Water have commenced, UTILITIES agrees to make flow rate adjustments once per day during <br /> normal operating hours.Normal operating hours are Monday through Friday from 6:00 am until <br /> 2:30 pm.SCHMIDT will be responsible for notifying UTILITIES' Zero Discharge Plant control <br /> room personnel at least one hour before any such flow adjustment is required.The contact <br /> information for the control room is as follows:(719)668-8990. <br /> 7. Water Riahts Unaffected:No water rights are being transferred to or from UTILITIES or <br /> SCHMIDT under this Agreement. UTILITIES retains dominion and control and all rights to <br /> return flows generated from Leased Water delivered to SCHMIDT. <br /> 8. Service Rate.Biltina,and Payment: SCHMIDT agrees to pay UTILITIES for nonpotable water <br /> provided pursuant to this Agreement at a rate of 1.5 times the augmentation rate as defined in <br /> UTILITIES' tariffs in place at the time of Surplus Water deliveries. UTILITIES will read the <br />