2010-09-17_HYDROLOGY - M2006080

• Permit No: M2006080
• IBM Index Class Name: HYDROLOGY
• Doc Date: 9/17/2010
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Bishop-Brogden Associates, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: ECS
• Media Type: D
• Archive: No

RECEIVE'D
change at least thirty days prior to
year period. In the event the Lessee
delivery of any of the Leased Water i
be no administrative costs charged.
Lessee for the annual administrative
year and Lessee shall pay said costs
invoice date. In the event the Lessee
accrued administrative costs in any y
right, in addition to any other legal
may have, to refuse to deliver the Le
as all accrued administrative fees ha
the start of the new f iveFEB 0 9. 2007
does not require the
n a given 'year, there shaivaTER RESOUR?=?
The City shall invoice the ST"
costs in January of each
within thirty days of the
shall fail to pay its
ear, the City shall have the
or equitable remedies it
ased Water until such time
ve been paid in full.
8. At the option of the C, r ae1 ,.e,4, r+f J-1218 T e-..a rT_. _r
shall be made at the City Waste Water Treatment Plant, 700
ou at such hea; rr
location o ocations above the Lessee's original oint of need
as agreed -15y- and between the Lessee and City in.writing. Lessee
shall not unreasonably withhold its approval of any request by
the City to move the point of delivery.
9. Subject to the provisions of paragraph 5, the City
shall only be obligated to deliver the Leased Water to the Lessee
if water meeting the requirements of this Lease is reasonably
available to the City. In the event of a drought or other
conditions, restrictions or emergency situations beyond the
control of the City which limit the City's ability to receive or
deliver all or a portion of the Leased Water to the Lessee, the
City shall be relieved of its obligations to deliver such water
under the terms of this Lease until such time as conditions'
permit the City's receipt and delivery of the Leased water.
10. The Lessee shall take the Leased Water AS IS and the
City makes no express or implied warranties of any kind or
nature, including the warranties of merchantability or fitness
for a particular purpose, concerning the water quality of the
Leased Water.
11. In the event the Lessee wishes to assign, encumber- or
exchange its rights to receive all or any portion of the Leased
Water not already used to satisfy a temporary substitute supply
plan or permanent augmentation decree to a third party, the City
shall have the first right of refusal to reacquire said rights.
In such event, Lessee shall notify the City in writing and shall
provide the City with a copy of the signed agreement between the
Lessee and the third party. The City shall have the right to
reacquire the water rights within ninety days from receipt of the
notice, by informing Lessee of its intent to exercise its first