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Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities <br /> available to District shall be subject to the contracts,laws,rules,and regulations governing releases therefrom. Furthermore,the District hereby <br /> expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the <br /> future,so long as the water service to the Applicant pursuant to this agreement,is not impaired by said action. Any quantity of the Applicant's <br /> allocation not delivered to or used by Applicant by the end of each water year(October 1),shall revert to the water supplies of the District. Such <br /> reversion shall not entitle Applicant to any refund of payment made for such water. <br /> Water service provided by the District shall be limited to the amount of water available in priority at the original point of <br /> diversion of the District's applicable water right,and neither the District,nor those entitled to utilize the District's decrees,may call on any greater <br /> amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance <br /> losses between the original point and any alternate point,and such estimate shall be deducted from this amount in each case. <br /> Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is <br /> provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy <br /> District,dated January 25,2001,is recorded as Reception No.575691,Garfield County Clerk and Recorder's Office. The Intergovernmental <br /> Memorandum of Understanding between the District and the Bluestone Water Conservancy District,dated April 26,2001,is recorded as Reception <br /> No.584840,Garfield County Clerk and Recorder's Office. <br /> Pursuant to Federal Law,the cultivation of marijuana is illegal. The U.S.Bureau of Reclamation has declared it unlawful <br /> to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water <br /> Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are <br /> Federal water facilities managed by the Bureau of Reclamation. Therefore,the West Divide Water Conservancy District will not contract to <br /> provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the <br /> cultivation of marijuana. Any such contracts shall be deemed null and void. <br /> The West Divide Water Conservancy District owns or possesses delivery contracts for other non-Federal water sources <br /> from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana. <br /> Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation <br /> of marijuana or in furtherance of the cultivation of marijuana,any and all such water shall be deemed to come from the non-Federal sources <br /> referenced above. <br /> 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's <br /> water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the <br /> exclusive responsibility of Applicant.The District reserves the right to review and approve any conditions which may be attached to judicial <br /> approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and <br /> agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated <br /> herein,and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works <br /> and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. <br /> Irrespective of the amount of water actually transferred to the Applicant's point of diversion,the Applicant shall make annual payments to the <br /> District based upon the amount of water allotted under this Contract. <br /> In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute <br /> legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the <br /> 2 <br />