2024-06-18_HYDROLOGY - M2019028 - Laserfiche WebLink

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(b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of Reusable Raw Water to be delivered under this Agreement are deemed to be satisfied if Aurora makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its sole discretion, to make its delivery of any Reusable Raw Water under this Agreement at a Delivery Point other than Hite,and if delivery at such alternative Delivery Point(s)results in reduced transit loss, Aurora shall be entitled to retain such avoided transit loss with no credit to the Water Users in water, money or otherwise. Aurora shall maintain and provide to the Water Users a monthly accounting and report of daily deliveries at the Delivery Point(s). If Aurora elects to deliver some or all of the Reusable Raw Water at alternative Delivery Point(s),then the foregoing reports shall include the calculated amount of avoided transit loss,and the amount of water physically delivered at such alternative Delivery Point(s). For purposes of calculating any such avoided transit loss, the Parties hereby agree that the volume of Reusable Raw Water required to be delivered by Aurora in accordance with the Delivery Schedule shall be discounted by an amount equal to one-half of one percent(0.5%) of such volume during the April through September irrigation season, or one- fourth of one percent (0.25%) of such volume during the October through March non-irrigation season, for each river mile in distance between Hite and such alternative Delivery Point(s) (such distance calculated to the nearest one-tenth of a mile), or by such other amount as determined by the Division Engineer for Water Division 1 (such office or its replacement the "Division Engineer")or as specified in an applicable statute or decree from a court of applicable jurisdiction. The product of this calculation shall represent the amount of avoided transit loss in acre-feet,which Aurora shall be entitled to retain. 4. Source and Ouality of Reusable Raw Water. The Reusable Raw Water to be provided by Aurora under this Agreement shall, at Aurora's discretion, consist of Aurora's reusable municipal return flows to the South Platte River, any fully consumable portion of changed irrigation water rights owned by, or available to Aurora, fully consumable water diverted pursuant to decrees entered in 03CW414, 03CW415, and 06CW104, Water Division 1, and any other legal source of Reusable Raw Water available to Aurora. Under no circumstances shall this Agreement be interpreted to mean that Aurora must supply potable water should the sources set forth in this paragraph be unavailable. Aurora does not warrant or guaranty any water quality standards with respect to the Reusable Raw Water to be delivered as provided for under this Agreement, and the Water Users hereby waive any such warranty or guaranty. 5. Use of Reusable Raw Water. (a) The Water Users shall have the right to use and reuse to extinction the Reusable Raw Water delivered under this Agreement for water supply purposes,including without limitation replacement and exchange purposes in connection with any substitute water supply plan approved by the Colorado State Engineer's Office, augmentation and exchange purposes in accordance with any augmentation plan or appropriative right of exchange decreed by the Colorado Water Court, and any other lawful exchanges; provided that such use is consistent with the terms of this Agreement and all applicable laws,rules and regulations (b) Aurora does not allow the use of, and the Water Users will not use, the Reusable Raw Water by direct use, augmentation,replacement, or exchange within or upstream of a decreed instream flow reach if such use will deprive the decreed instream flow of water it is 3