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08/01/2008 11:11 FAX 7198JBJ27J PARR COUNTY GOV ~ C~j 004 <br />" ~i j <br />4. TFds Agreement shall be provided by the District to the State or Division Engineer for a <br />detenninalion of whether the stnxture is of a type and in a lopiion such that It may be Inducted <br />in the District's Substitute Water Supply Plan. The Distrlil shall adhere to the frndngs of the <br />State or~CJvlsion Engineer regarding AppGcanYs eligibility to pertidpate in the plan, <br />3. Applicant hereby agrees to Irtatall water meters or volume measurement on water trucks <br />or other rehides used for diversions and tti provide the Dlatrtct with pertodk reeorde of <br />ApplkanYs diversions and water use on an annual basGa, or as more frequently required try the <br />District, cr by the State or Division Fsglneer. Applicant further agrees to permit access to <br />reproserri~?ttivea of the District or Sffite or Division Fsgineer upon Applicant's property to make <br />meter reaAings, verity meter readings submitted by Applicant. <br />8'. It is understood and agreed that the water agotment is made for the exdusiya 6anefrt of <br />AppllcanY s use and may not be transferred, or modified in use wtthout the prior written approval <br />of the DL•strid. Applleant agrees not to change the tYPe or amount Of use indicated in the <br />eppllptbn without U1e prior approval of the District or wkhout obtaining approval of the State <br />Engineer br amendment <br />7. The District agrees to provide augmenffitlon water to ropface out-oi-prlorky depletions <br />posed bar dNeroion of water by the Applipnt through the District's Substitute Water Supply <br />Plan. The Distrtil will submit .the plan annualry to the State Engineer for approval In every year <br />the contract is renewed,. The District commtts good faith efforts to olrtain approval In any year In <br />which the eontrad is entered Into or renewed, but does not guarantee that such approval can <br />be obtafncsd. <br />8. In the event the State Engineer rsqulros Applicant to obtain approve! of an individual <br />plan for a ~gmentatlon for the ApplleanYa water use, all tees and costs, Inducting, but not <br />Ilmked to .cling fees, attorneys fees, engineering fees, and Court costs will be borne solely by <br />the Applicant. <br />9. Tt~a District may at its option, submit an application to District Court, Water DMsion No. <br />1, for approval of a plan for sugmentatlon. It approved by the Court, the plan for augmentation <br />will replace the Substitute Water Supply Ptan. <br />10. AppNcant reCOgnizee that the availabllfty of replacement water is subject to a contract <br />between tze District and the City of Aurora for delivery of water fn Spinney Mountain Reservoir, <br />and nature( supply o} water In the South Platte Wear and Its tributaries within the District. The <br />District shall not ba liable to Applicant for any failure to degver replacement water if the District <br />le provented from storing or releasing water from Spinney Mountain Reservoir pureuant to the <br />terms of tflat Contract of due to water supply conditions beyond the District's control. <br />11. This contrail is entered Into pursuant to Section 37.40131, Colorado Revised Statutes <br />12. The intent of Ihie Agreement other than ropresented herein is to establish prestdeM that <br />will allow nher conatruetlan work on Coumy Roads in the future Can be expedked. 't'his is the <br />errtlre Ag•~eement between the parties and them are no orel or collateral agreements or <br />understandir~s. Tha Agreement may only revised in wrking signed by bath parties. <br />Account Number <br />