2011-03-30_REVISION - M1977493 ‎(13)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/30/2011
• Doc Name: Reservoir Purchase Agreement
• From: Clinton Ditch & Reservoir Company
• To: DRMS
• Type & Sequence: AM6
• Media Type: D
• Archive: No

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(c) The Company shall permit Climax, its
successors and assigns to discharge water into the Reservoir
through the East Interceptor Canal and Pipeline, provided that
(1) such discharged water is not contaminated with hazardous
waste, pollutants or contaminants as defined in Section 5(b)
above, (2) such discharge will not threaten the structural
integrity of the dam or outlet works appurtenant to the
Reservoir, and (3) the Company may, without breaching any
obligations hereunder or under any other agreement with any
other party, discharge any water in excess of the maximum
storage capacity of the Reservoir. To the extent that such
discharged water is contaminated or may threaten the structural
integrity of the dam or outlet works, the Company may refuse to
allow such discharge and may require Climax to take such
actions necessary to prevent the discharge of water into the
Reservoir. Any such water discharged by Climax or its
successors or assigns into the Reservoir for storage purposes
shall become the sole property of the Company, and Climax shall
have no further rights in such water. Any water passed through
the Reservoir for transportation through the Clinton Canal
shall remain the property of Climax; provided, however, that
Climax shall install and maintain, at its sole cost and
expense, Parshall flumes or other monitoring systems acceptable •
to the Company in the East Interceptor Canal and Pipeline and
in the Clinton Canal to measure the amount of water discharged
from the East Interceptor Canal and Pipeline into the Reservoir
and from the Reservoir into the Clinton Canal for
transportation through the Clinton Canal. Climax shall
reimburse the Company for any costs incurred by the Company to
operate such monitoring system.
(d) During the period of April through July of
each year, the Company shall cooperate with Climax to schedule
releases of water from the Reservoir for beneficial use by the
Company and its shareholders at times which will not interfere
with maintenance performed by Climax on the Clinton Canal, to
assist Climax in maintaining optimum water quality and quantity
in Tenmile Creek and reducing the peak flow rate in the Clinton
Canal during spring runoff; provided, however, that such
releases do not adversely impact the Reservoir Yield, the
rights and obligations of Denver and the Company under the
Denver Agreement, or the beneficial use of the Reservoir Yield
by the shareholders of the Company. Climax agrees that it
shall maintain the Clinton Canal in good condition and repair,
and the Company agrees that it shall reimburse Climax for 50%
of the out-of-pocket maintenance costs actually incurred by
Climax. If Climax fails to perform its maintenance obligations
hereunder, the Company shall have the right to perform such •
obligations and request reimbursement from Climax for any