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kts w'4'Vater Supply Agreement <br />Effective 311/2008 <br />This agreement is between Smart Reservoir and Irrigation Co., Inc (raw water supplier) <br />And <br />Bestway Concrete & Aggregates (raw water user) <br />The raw water supplier agrees to sell eater to the raw water user at the rate of $4.00 per <br />1,000 gallons. <br />The raw water user agrees to primp, load and haul raw water from the lower pond at Smart <br />Reservoir. <br />The user will supply and maintain necessary pumps, fuel, water truck and driver. <br />The driver will keep a logbook in the truck and will log each and every toad before leaving <br />the supply pond site. <br />The logbook will contain and, log. <br />1. The time <br />2. The date <br />3. The amount loaded and hauled <br />4. The drivers name <br />Bestwvay agrees: <br />1. Smart Reservoir people may stop driver at anytime to check logbook. <br />2. Bestway will send a monthly water log with the first week of the month for <br />Smart Reservoir to use for their invoice to Bestway at $4.00 per 1,440 gallons. <br />3. Bestway agrees to pay all invoices promptly <br />Drought Clause: <br />In the event of'a drought that causes an extreme shortage of water, Smart Reservoir and <br />Bestway agree that raw water supply may need to be suspended temporarily or <br />supplied!augmented from the Caprock Coal Mine Well or Fire Hydrant Meter for water <br />true:. <br />9-a <br />Bestway agrees to keep gated closed and locked. Bestwvay agrees to respect cattle using <br />this same property.