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Apr 03 09 09:12a Water Office 7198525958 p.3 <br /> <br />2. The water to be used for the recharge activities contemplated by this Agreement shall be <br />water rights owned by the Association, including those identified in Case Nos. W-3979 and <br />79CW91. The water shall be diverted in compliance with the decrees. Asphalt shall not be <br />entitled to claim any credits for the diversion and use of the water which would otherwise <br />belong to the Association. <br />3. The Association shall have the right to determine when and in what amounts water is <br />available for the recharge activities contemplated by this Agreement, and shall have control <br />over the timing and amount of water that may be delivered to the recharge facility, subject <br />only to Asphalt's right to request the cessation of deliveries. Asphalt shall notify the <br />Association of a request for cessation of deliveries, and the Association shall have twenty- <br />four (24) hours after receipt of such notification to cease diverting water from the Rio Grande <br />Canal for delivery to the recharge facility. <br />- 4.- The Associati on makes no representations 6 guarantees thafthere will be water available for <br />the recharge activities contemplated by this Agreement. <br />5. The Association shall install the necessary headgates and measuring devices on the north <br />bank of the Rio Grande Canal Lateral No. 1 for use in the recharge activities contemplated by <br />this Agreement. All costs of construction, installation, maintenance, and repair shall be bome <br />solely by the Association. <br />6. The initial term of the Agreement shall be for five years from the date of its execution. The <br />Agreement shall thereafter be automatically renewed for additional one year periods unless <br />and until (1) it is mutually terminated by written consent of all parties or (2) one party elects to <br />terminate it by giving written notice to the other parties of the election to terminate. The <br />Agreement will thereafter be automatically terminated ninety (90) days after the other parties' <br />receipt of such notice. <br />7. The parties understand that the operation, use and reclamation of the gravel pit is subject to <br />the jurisdiction of the Colorado Mined Land and Reclamation Board, and any requirements <br />imposed on Asphalt by the Colorado Mined Land Reclamation Board may affect or require <br />termination of this Agreement <br />8. All notices required to be given or made under this Agreement shall be in writing and sent <br />. United States mail or hand delivered to the following addresses: <br />Asphalt: <br />Asphalt Constructors Inc. <br />7040 US. Hwy. 160 West <br />Alamosa, CO. 81101 <br />Association: Rio Grande Canal Water Users Association <br />P. O. Box 288 <br />Monte Vista, Co. 81144 <br />All notices shall be deemed effective upon actual hand delivery, or if mailed, upon receipt Any party, by <br />written notice, may change the address to which future notices shall be sent