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Colorado Water Court, and any other lawful exchanges; provided that such use is consistent with <br /> the terms of this Agreement and all applicable laws,rules and regulations. <br /> (b) Aurora does not allow the use of, and BURNCO 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 instream flow of water it is entitled to by <br /> priority unless waived by the Colorado Water Conservation Board ("CWCB") consistent with <br /> the CWCB Board procedures and law allowing such action. Any such use will be deemed a <br /> violation of the terms of this Agreement. <br /> 6. Water Rights Accounting. BURNCO will be solely responsible for any and all reporting <br /> and accounting required by the Colorado State Engineer,the Division Engineer for Water Division <br /> 1,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, BURNCO's withdrawal of the Reusable Raw Water <br /> from the South Platte River(if any) and BURNCO's use of the Reusable Raw Water. In addition <br /> to 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 1 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(s). <br /> 7. Subordination Clause. This 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 /> any other use which is or will be of greater direct benefit to Aurora and the users of its water <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 of itself,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 in <br /> the event of a force majeure event may cause delay or interruption in Aurora's delivery of the <br /> Reusable Raw Water. <br /> 8. Consideration. BURNCO agrees to pay to Aurora the then-current Unit Rate for all <br /> Reusable Raw Water to be delivered under this Agreement. The current Unit Rate for Reusable <br /> Raw Water in 2024 is Six Hundred Twenty-Two Dollars ($622.00) per acre-foot ("Unit Rate"). <br /> The Unit Rate shall escalate on January 1 for each subsequent year by the same percentage as any <br /> increase in Aurora's residential potable water rates. <br /> 9. Pavment. <br /> (a) Aurora shall bill for all Reusable Raw Water it will deliver to BURNCO under <br /> the Delivery Agreement for the initial Term period of all 2024 deliveries upon execution of this <br /> agreement. <br /> 4 <br />