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WATER SUPPLY CONTRACT Page 6 CW07005 Water. Contractor shall submit its accounting forms and rccords to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting and/or verifying such evidence of use in court or before administrative agencies by test moray of Contractor or its authorized and informed officers or agents. i. Section 404 of tie Clean Water Act (33 U.S.C. 1344) regulates the discharge of dredged or fill material into the waters of the United States. Contractor shall consult with the Army Corps of Engineers if construction of facilities necessary to use the Contracted Water requires Section 404 compliance, which may include obtaining a permit. Further -,onsultation and approval by the United States Fish and Wildlife Service may be inquired to ensure compliance with the Endangered Species Act (16 U.S.C. 1531, et ::eq.) if Contractor proposes physical alterations to the designated critical habitat oi'the Colorado River endangered fish species. As of March 1, 2007, designated critical habitat exists from the Garfield County 320 Road Bridge Crossing of the Colorado : fiver in Rifle downstream to the Colorado State line. Contractor's Payments. a. In addition to th(: application fee already paid by Contractor, in order for the River District's deliver y obligation to become effective, Contractor shall pay to the River District on the e)ecution of this Contract the total sum of $1,250.00, being $250,00 for each acre foo : of 5.0 acre feet of Contracted Water for the Project Year July 2007 through June 208, The price for each type of water will be reviewed and set annually by the River District's Enterprise Board of }Directors (which decision normally will be made prior to March 1 each year). Any annual increase in the contract price sl all not exceed the then-current published Consumer Price Index (CPI) plus New,aowth index (NGl). b. Contractor also Shall pay any special assessment levied by the River District on Contractor to recoup all or a portion of costs attributable to extraordinary maintenance incrared by the River District or assessed upon the River District by its third party water suppliers. 4. Contract Term. a. Subject to the previsions of paragraph 6 below, the initial term of this Contract shall be for a period of up to forty (40) years from the date of the execution of this Contract. b. Upon the completion of the initial terns and subject to the provisions of paragraph 6 below, Contractor shall have the right to renew this Contract for a secondary tears of thirty-five (3:i) years, which shall commence upon the expiration of the initial