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i <br />5. Diversion, Measurement, and Administration. Evans will provide all necessary, <br />appropriate, and lawful means of diversion, including such measuring and gaging devices as the <br />Colorado water administrative authorities may require. If the Board's approval or cooperation is <br />required by Evans in the administration of diversions and measurement or gaging thereof, <br />including any measurement devices the Board agrees to assist in providing the same, at the cost <br />of Evans. ~ <br />6. Rate of Delivery. The Board will not be required to deliver water at a rate higher <br />than 25 c.f.s. or at a rate less than 5 c.f.s. In order to serve the needs of Evans, which are <br />assumed to be relatively small quantities delivered daily to replace depletions, the Board will, <br />upon written request, deliver at rates lower than 5 c.f.s. subject, however, to the following: <br />A. Any such lower rate of delivery will be subject to the approval of the <br />Division Engineer for Water Division No. 2; <br />B. Any such delivery from the Board's supplies at Turquoise, Twin Lakes, or <br />any other reservoir not owned by the Board will be subject to the approval of the agency that <br />operates or governs dischazges from said reservoirs. <br />C. The Board shall not be required to make any physical alteration of its <br />outlet gates or its outlet measuring devices, or incur any additional cost For the purpose of <br />making such low-rate deliveries. ~ <br />7. Tran~ortation and Evaporation Losses. The Board's delivery of water under this <br />Agreement shall be measured for payment at the place from which the Board releases the water <br />for delivery to Evans. Evans will bear all transportation and evaporation losses from the place of <br />release to Evans's place of use. <br />8. Reuse Ri¢hts. Once delivered to Evans, all rights to reuse the raw water that is <br />the subject of this Agreement shall belong to Evans and the Board shall have no further reuse <br />rights. <br />9. uantit .The Boazd will deliver to Evans not more than 175 acre-feet of water in <br />each year effective upon the Delivery Date of this Agreement as defined in paragraph 19 below. <br />The actual quantity of water to be delivered by the Board shall be the quantity of water need to <br />augment the Mined Land as determined pursuant to paragraph 19 below. <br />10. Chazee. In consideration of the water to be delivered under this Agreement, <br />Evans agrees to pay the Board: ~ <br />A. An annual fee of $22,000 until the Delivery Date; <br />B. An annual fee per acre-foot at the rate in effect on the Delivery Date and <br />during the remaining term of this Agreement, or any extension thereof. Evans agrees to pay the <br />3 <br />