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18. Dutv to Desien SlutxyyValls. Within six months from the daft this Agreement is <br />signed by both Evans and the Board, Evans shall contract for the work necessary to desigo the <br />Slurry Walls. Such contract shall contain the design specifications for the Slurry Walls, in <br />accordance with the "State Engineer Guidelines for Lining Criteria for Gtavel Pits," and a <br />schedule for their construction. The construction of the Slurry Walls shall be scheduled so as to <br />be completed at substantially the same time that.the mining is completed on Mined Land. To the <br />extent practical, the Slurry Walls will be in place before the.mining is completed. All contracts <br />for the Slurry Wall design and installation will designate the Board as a third-party beneficiary <br />entitled to enforce the terms of the contract. <br />19. Delivery Date. The Board shall not be obligated to deliver water under this <br />Ageement until the lease of July 21, 2001 between the Board and LaFarge West has terminated. <br />Evans shall give the Board nine months advanced written notice of the year in which Evans will <br />begin taking, delivery of water under this Agreement. At the time Evans provides such notice to <br />the Boazd, Evans shall also specify the number of acre-feet to be delivered annually in an amount <br />not to exceed 175 acre-feet. The quantity of water specified by Evans shall be no more than the <br />quantity required for Augmentation of the Mined Land plus any transportation losses from the <br />place where the Boazd releases the water to the place of use by Evans. <br />20. Pueblo City Charter Provisiog. This Agreement involves the nse of water outside <br />the territorial limits of the City of Pueblo and is speeiGcally limited by the provisions of the Ciry <br />Charter governing such use. The Charter provides, among other things, that: <br />The Boazd of Water Works shall have and exercise all powers <br />which are granted to Cities ofthe First Class by the Constitution <br />and laws of the State of Colorado, except the power to levy and <br />collect taxes directly or indirectly. Surplus water may be supplied <br />to territories outside the City until the same is needed by the <br />inhabitants of the City. <br />21. Determination of Water Availability by Board. The extent to which limitation of <br />water delivery outside Pueblo may be necessary to unable the Board to provide adequately for <br />assts inside Pueblo is a fact to be determined by the Board in the exercise of its reasonable <br />discretion from time to time as occasion may require. The Boazd has determined that the welfare <br />of Pueblo and iu inhabitants requires a stable water supply not only for its citizens but also for <br />the other customers of the Board putting to beneficial use the water belonging to the Boazd. <br />Z2. Interruption of Water Supply Bevond Bond's Control. While it is the purpose of <br />the Board to maintain a water supply adequate to meet the needs of the metropolitan area <br />logically dependent on the Board for water supply and for its other temporary contract <br />eustomcrs, there are many elements Drat make it uncertain whether the supply can always be <br />adequate for all. Both parties to this Agreement recogri2e that the water supply for the Board <br />and its water customers is dependent upon sources from which the supply is variable in quantity <br />and beyond the control of the Boazd. No liability in tort or contract shall attach to the Boazd <br />it <br />DOOI~J 59NI21dS 'I'IVdAHNOZS 88SD6DBBTL %Y3 DT~CT DOOZ/80/OT <br />