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J/ ~ • <br />/ 1. The area of ground heretofore encompassed by the County's <br />gravel pit shall hereafter be use as a recharge facility pursuant <br />to the terms of this Agreement. The County shall continue to use <br />the area surrounding the present pit for the extraction and storage <br />of gravel. The size of the recharge pit will, therefore, increase <br />as this use continues. <br />2. The water to be used for the recharge activities <br />contemplated by this Agreement shall be water rights made available <br />by the Association, including those identified in Case Nos. W-3979 <br />and 79CW91. The water shall be diverted in compliance with the <br />decrees. Neither the County nor the District shall be entitled to <br />claim any credits for the diversion and use of the water which <br />would otherwise belong to the Association. <br />3. The Association shall have the right to determine when and <br />in what amounts water is made available for the recharge activities <br />contemplated by this Agreement, and shall have control over the <br />timing and amount of water that may be delivered to the recharge <br />facility, subject only to the District's and the County's right to <br />request the cessation of deliveries. The District or the County <br />shall notify the Association of a request for cessation of <br />deliveries, and the Association shall have twenty-four (24) hours <br />after receipt of such notification to cease diverting water from <br />the Rio Grande into the Rio Grande Canal for delivery to the <br />recharge facility. <br />4. The Association makes no representations or guarantees <br />that there will be water available for the recharge activities <br />contemplated by this Agreement. <br />5. The District shall provide the necessary headgates and <br />measuring devices for use in recharge activities contemplated•by <br />this Agreement. The County shall install these devices in the <br />south bank of the-main line of the Rio Grande Canal according to <br />the specifications and supervision of the Association. All costs <br />of repair and maintenance shall be borne solely by the District. <br />6. The District shall have reasonable access over the lands <br />of the County and the Association to the recharge facility for the <br />purposes of installing and maintaining the necessary headgates and <br />for monitoring the recharge activities. <br />7. The initial term of this Agreement shall be for three <br />years from the date of its execution. The Agreement shall <br />thereafter be automatically renewed for additional one year periods <br />unless and until (1) it is mutually terminated by written consent <br />of all parties or (2) one party elects to terminate it by giving <br />written notice to the other parties of the election to terminate. <br />The Agreement will thereafter be automatically terminated ninety <br />(90) days after the other parties' receipt of such notice. <br /> <br />8. The parties understand that the operation, use and <br />