2008-03-24_HYDROLOGY - M1974069

• Permit No: M1974069
• IBM Index Class Name: HYDROLOGY
• Doc Date: 3/24/2008
• Doc Name: Substitute water supply plan
• From: DWR
• To: Bishop-Brogden Associates, Inc
• Permit Index Doc Type: Hydrology Report
• Email Name: ESC
• Media Type: D
• Archive: No

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Exhibit A, or as otherwise agreed by the Cit and the Lessee in ~,
Y t• `
. writing. In no event shall the monthly deliveries exceed the
monthly amounts shown on Exhibit A unless hereafter agreed in ~ '
writing by the City and the Lessee.
The Lessee shall not have the right to carryover from month
to month or from year to year any Leased Water which was
deliverable, but not requested for delivery, in a prior time
period. If the maximum allowable delivery under this Lease is
not requested by Lessee in any month, the right of Lessee to call
for the delivery of such water shall lapse and all such water
shall remain the sole property of the City.
4. In'supplying the Leased Water pursuant to this Lease,
the City may use any water, including, but not limited to the
following sources of water which may be used to extinction (the
"Fully Consumable Water"):
a. Native water from the Big Thompson River basin
which, when stored within the City's reservoir
system, may be totally consumed pursuant to the
terms and conditions of the Decree for Change of
Water Rights for the City of Loveland, dated June
18, 1985, Case No. 82-CW-202A, Water Court
Division One, State of Colorado or subsequent
actions; and
b. Water under an Allotment Contract with the
Municipal Sub-District of the Northern Colorado
Water Conservancy District (the "Northern
District"), commonly known as Windy Gap Water; and
c. Any water subsequently acquired by the City and
determined by Water Court Decree to be totally
consumable.
5. The City shall have the right to deliver the Leased
Water to Lessee from any of the sources of Fully Consumable
Water, at the City's sole discretion, and shall have the right to
determine if any or all of the Leased Water shall be first use
water or subsequent use water. The City shall never be required
to deliver first use water, even if it is the only Fully
Consumable Water available to meet the terms of this Lease. In
the event the only water available to the City to meet the terms
of this Lease is first use Windy Gap Water and the City is
willing to deliver such first use water, the City shall notify
the Lessee prior to delivering such water and the Lessee shall