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diversion for eeSd other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery o! water by the District From Rued1 Reaecvoic shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the luture, eo long as the water service to the Applicant pursuant to this agreement Ss not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (Daeember3l), shall revert to the water supplies of the District. Such revecalon shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available Sn priority at the original .point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate poinea o! diversion. The District shall request the Colorado State Engineer to estimate any conveyance loesea between the original point and any alternate point, and such estimate shall be deducted lrom this amount Sn each case. The Dietrlct, or anyone using the District's decraea, may call on any additional sources of supply that may be evaileble at an alternate point of diversion, (though not at th• original point of divecaSon) only ae against water rights which are junior to the data of application for the alternate point of diversion. 5. Alternate Point of DSvecaion and Plan of Au mein tation~s Decrees oc a ternate po me o vary on o e District's water rights or storage water may be required !n order for Applicant to use the water service contemplated hereunder. Obtaining such decree Se the exclusive responsibility of Applicant. The district reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point oC diversion ae contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agcaea that It shall be solely reeponeible for the procedures and legal and engineering costa necessary for-any chengea in water rights contemplated herein and further agreae.to indemnify th• Distciot lrom any costa oc loeaes related thereto. Applicant Sa solely reeponeible for providing works and facilities necessary to obtain/divert the waters at acid alternate point ~ot diversion and deliver them to Applicant'• intended banelSciel use. IrreepectSva of the amounti of water eceually transferred to the Applicant's point ot~divereion, the Applicant shall make annual payments to the District based upon the amount of water allotted under.thia agreement. In the event the Applicant intends to apply for an alternate point o! diversion and to develop nn augmentation plan and institute legal proceedings for the approval o! each augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District vrlttan notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any avant, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the Dietrlct copies of such plan and of all pleadings and other papers tiled vith the water court in the adjudication thereof. 6. Annual Pa men a Annual payment for the water eervic• descc~~a are n e e 1 be determined by the Board of Direotocs oL th• DSstrSat at a per acre-Foot rate. Tha initial annual payment shall be made, in lull, within thirty (30) days alter the data of notice to the Applicant that the initial payment _Z..