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<br />determine the final reservoir capacity. Upon completion of the <br />survey, Buyer shall provide Seller confirmation from the <br />Colorado Division of Water Resources and the Urban <br />Drainage and Flood Control District that the reservoir bank <br />elevation which was utilized is the highest level allowable <br />under the regulations of Urban Drainage and Flood Control <br />District and that such elevation would not result in the <br />reservoir being considered a "jurisdictional dam" as defined at <br />the time of the survey in the Rules and Regulations for Dam <br />Safety and Dam Construction of the Office of the State <br />Engineer, 2 CCR 402-1. Final payment will be made on or <br />before Thursday, March 1, 2007. Buyer will notify Seller of <br />the calculation of the final capacity 15 days prior to final <br />payment. Buyer shall make the final payment to Seller in the <br />amount of $921.92 per acre-foot, escalated at 6% per year <br />from December 15, 1998 as described in Exhibit C attached <br />hereto, for the amount of capacity created since the last <br />annual payment made as described in Section 3.1(e). As part <br />of the final payment, Buyer shall also pay to Seller $102.51 <br />per acre-foot, escalated at 6% per year- from December 15, <br />1998 as described in Exhibit C attached hereto, for the entire <br />amount of final capacity determined as provided above. The <br />Deposit will be released and applied to the final payment, <br />provided that any funds placed in escrow by Buyer not <br />required to compensate Seller as described above will be <br />released to Buyer. If the parties are unable to agree as to the <br />final existing capacity, they will jointly select a qualified <br />independent third-party consultant who will make the binding <br />determination of then-existing capacity. Buyer and Seller will <br />share the cost of the qualified consultant. <br />(g) Prior to December 31, 2006 Seller shall cause the pit to be <br />dewatered so that the volume may be accurately determined. <br />Seller will obtain all permits necessary to dewater the pit, <br />including any temporary substitute supply plan as may be <br />required by the State or Division Engineer. <br />(h) Any sand, gravel and other minerals remaining in the pit after <br />December 31, 2006 shall be the property of Buyer. All <br />personal property and debris, including abandoned and <br />s <br />