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09/01/2008 11:11 FA1C 7198J9527S <br />PARR COiA*I'y GOy .....__-. 004 a"a~a wa°!i j <br />r-~. <br />i <br />4. 'Ibis Agreement she!! be provided by the District to the State or Division Engineer for a <br />detamina5on of whether the structure is of a type and in a location such that tt may be Induded <br />in the DI:Jrtd's Substitute Water Supply Plsn. The Dlsbtct shall adhere to the findings of the <br />State orfrlvfsian Engineer regarcling AppGcanYs eligibility to partidpat® in the plan. <br />5. Applicant hereby agrees to install water meters or volume measurement on water trucks <br />or other rehicles used for diversions and to provkle the Diatrfet with perlodk rewrda of <br />ApplicartCs diversions and water use on an enrxrat bests, or as mare frequently required by file <br />Diatric#, cr by the State or Division F~nglneer. Applcant further agrees to permit acoesa to <br />represent;stlves of the District or State or Divislan Engineer upon Applicants property to make <br />meter readings, verfiy mater readings submitted by Applicant, <br />B. It ~> understood and agreed that the water a0.otment is made for the exdusiye benefit of <br />Applkark's use and may not be transferred, or modified in use without the prior written approve! <br />of the DGstriil. AppGpnt ~9r~~~ not to dtenge the type or amount of use indicated in the <br />app)lcatia~t without tt~ prior approve! of the District or wRltout obtaining epprova! of the State <br />Engineer br amendment. <br />7. Thtr District agrees to provide augmentation water to replace out-of-priority deptettons <br />posed b?~ diversion of water by the Applicant through the District's Substitute Water Supply <br />Plan. The District wi0 sutxnit the plan annually to die State Engineer for approval in every year <br />the contract is renexred. The District cammlis good fails effects !o obtain approval in any yearln <br />which the contrail is entered into or renewed, but does not guarantee that such approval ran <br />be obtalnrd. <br />8. Ui the event the state Engineer requires Appllcerd to obtain approval of an individual <br />plan for a.igmentatfon for the Applfwnt's water use, ail fees and casts, including, but not <br />-tmFted to .iUng fees, attorneys fees, engineering fees, and Court caste will ba borne solely by <br />the Applicant. <br />9. Tts District may at ifs option, submit an appticafion to District Court, Water Division Na. <br />1, for approval of a plan for augmsrttation. Jf approved by the Court, the plan for augmentation <br />wilt replecs the Substitute Vvater Supply Pfan. <br />1a. Applicant recogn¢,es that the availablUty of replacement water is subject to a contract <br />between t-sa District and the City of Aurora for deCrvery of water to Spinney Mountain Resenoir, <br />and naWryl supply of avatar In the South Platte River end !ts tributaries within dta Distriil. The <br />District shalt not ba Gable to Applicant for any failure to deliver replacement water if the District <br />le prevemed from storing or releasing water from Spinney Mauntatn Reservoir pursuant to the <br />farms of tAat contract or due to wafer supply conditions beyond the District's cortfrol. <br />f 1. Thfa oontraot is erstered Into pursuant to Section 3745-131, Coloredo Revised Statutes. <br />a.. , <br />12. The irstenf of dtis Agreement odser than represented herein is fo establish president That <br />wIN albw >Zher cor>atruction work as County Roads in the future Can be expedited. This is dse <br />entire Ag•~eement between the parties and there are no oret or collateral agreements or <br />understandings, The Agreement may only revised in wriling signed by both parHas. <br />Account iYumber <br />