2025-09-10_HYDROLOGY - M1994005 - Laserfiche WebLink

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� 3 8. The Buyer shall not be charged directly or indirectly for any costs incurred by the District pursuant to Section 20 of the Government-District contract so as long as the Buyer is current in its payments hereunder. POINT OF DELIVERY OF PROJECT WATER 9. The Project water purchased hereunder by the Buyer shall be measured and delivered at the outlet works of Ridgway Reservoir as directed by the State of Colorado. The District shall be responsible for measurement and release of augmentation water and records shall be made available to all concerned. It shall not be the responsibility of the District to provide facilities to convey water from such point or points of delivery to the place of use. DEFAULT AND PENALTY 10. No Project water shall be delivered to or for the Buyer until payment is made in full. The provisions of this article are not exclusive and shall not prevent the District from exercising any other remedy given by this Contract or by law to collect or enforce the collection of any payments due under the terms of this Contract. 11. If the District is unable to deliver water to the Buyer from the Project without fault on the part of the District, the District shall make available to the Buyer that proportionate amount of any other water supplies it may have during such period as the Buyer's purchase of industrial Project water bears to the total amount of Project industrial water for which the District is then paying the United States under its said repayment obligation. 12. If the District or other purchasers of Project water from the District default in their payments to the United States, the District agrees to continue to supply the Buyer its share of Project water if permitted to do so by the United States as long as the Buyer is not in default of its payments due hereunder, which payments the District shall pay over to the United States on its repayment obligation. WATER SHORTAGES 13. In the event of a Project water shortage caused by drought, hostile diversion, prior or superior claims, or other causes not within the control of the District, nor resulting from its negligence, no liability shall accrue against the District or the United States, or any of their officers, agents or employees, or either of therm for any damage, direct or indirect, arising therefrom; and the payment to the District provided for herein shall not be reduced because of any such shortage or damage. If there should be any shortage of water, water allotted pursuant to this contract shall be abated along with supplies to irrigation prior to the reduction of deliveries of water for municipal purposes. The District shall include appropriate provisions to this effect in contracts with other users of industrial and irrigation water. AIR AND WATER POLLUTION 14. The Buyer shall comply with all air and water pollution requirements as set forth in the Government-District Contract. USE OF PROJECT WATER 15. Except as hereinafter provided all Project water herein sold to the Buyer shall be used for industrial use within or through facilities or upon lands owned or served by the Buyer, provided,however, that all lands which receive benefits from said water shall be situated within the boundaries of the District. The Project water shall be beneficially used for the purposes and in the manner herein specified and as specified in the Government-District Contract. The Buyer shall be entitled to use said water within a legal water supply plan, substitution or exchange or change of water right, including a plan for augmentation. This sale of water is made for the exclusive benefit of the Buyer and shall not inure to the benefit of any successors or assigns of the Buyer without prior specific approval of the District. COMPLIANCE WITH GOVERNMENT-DISTRICT CONTRACT AND FEDERAL AND STATE LAWS AND REGULATIONS 16. This Contract and the sale of water pursuant thereto and the performance of all provisions of this Contract are subject to all applicable conditions and provisions of the Government-District Contract, the laws of the State of Colorado and the laws of the United States of America.