|
6. Water Richts Accounfin . Brannan will be solely responsible for any and all reporting and
<br /> accounting required by the Colorado State Engineer, the Division Engineer for Water Division 1,
<br /> 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, Brannan's withdrawal of the Reusable Raw Witter
<br /> from the South Platte River(if any) and Brannan's use of the Reusable Raw Water. In addition to
<br /> 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 I 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"the following: (a) its obligations pursuant to Water Division 1,Case Nos. 95CW226
<br /> and 227, Case No. 99CW158, Case No. OICW284 and Case No. 02CW341; (b) the November,
<br /> 30, 2007, Water Supply Agreement with the Rocky Mountain Energy Center, LLC; (c) the May
<br /> 20, 2003, Water Rights Purchase and Sale Agreement with the City of Thornton,Colorado; (d) the
<br /> May 19, 2006, Reusable Water Lease Agreement with the Central Colorado Water Conservancy
<br /> District; (e) the June 30, 2015, Intergovernmental Agreement ("IGA") for Delivery of Reclaimed
<br /> Wastewater with E-470 Public Highway Authority; (f) the August 16, 2015, Agreement with
<br /> Asphalt Specialties Company for Lease of Firm Delivery of Reclaimed Wastewater; (g) the
<br /> September 17, 2015, Agreement for Lease of Firm Delivery of Reclaimed Groundwater with
<br /> Bucklen Equipment Company; (h) the December 8, 2015, IGA with Adams County for Delivery
<br /> ol'Reclaimed Wastewater, (i) the June 29,2016 Agreement with Asphalt Specialties Company for
<br /> Delivery of' Reusable Raw Water, 0) the April 4, 2016 Agreement with R.M. Hiner Construction
<br /> Co for Delivery of Reusable Raw Water, (k) the April 30, 2016 Agreement with Ready Mixed
<br /> Concrete Company for Delivery of'Reusable Raw Water, (1) the October 11,2016 IGA with Todd
<br /> Creek Village Metropolitan District for Delivery of Reusable Raw Water, (m) the September 14,
<br /> 2016 IGA with West Greeley Conservation District for Delivery of Reusable Raw Water, and (n)
<br /> any and all obligations resulting from any firm delivery annual lease or delivery contract of
<br /> Reusable Raw Water executed prior to the date of this Agreement. The foregoing subordination
<br /> does not, in and of itself create an excuse for Aurora's failure to deliver the Reusable Raw Water
<br /> under this Agreement, However, the Parties agree that the purpose and obligations under this
<br /> Agreement and Aurora's other obligations with respect to its Reusable Raw Water in the event of
<br /> a,16rce nta.ieure event may cause delay or interruption in Aurora's delivery of the Reusable Raw
<br /> Water,
<br /> 8. Consideration. Brannan agrees to pay to Aurora the amount of Three Hundred dollars
<br /> ($300.00) per acre-foot("Unit Rate") for all Reusable Raw Water delivered under this Agreement.
<br /> The Unit Rate shall remain constant throughout the term of this Agreement, but may change due
<br /> to market conditions if the term extends for additional years, pursuant to Paragraph 1, above.
<br /> 9, Eyyment. Aurora shall bill for all Reusable Raw Water it will deliver to Brannan for the
<br /> 2017 water year under the Delivery Schedule within thirty(30)business days of the Effective Date,
<br /> 4
<br />
|