2011-03-14_REVISION - M1977493 ‎(67)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 10 & 11
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

503635 B-607 P-553 04128193 13:,%C000.f6q 11 OF 99
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(a) The AW Priority Water, including the right to
use, reuse and successively use the AW Priority Water to
extinction. The AW Priority Water shall include the right to
"Supplemental Water" as defined and described in Section 1.2;
(b) The right to use in perpetuity the Chalk
Mountain Storage and the Buffehr's Storage;
(c) The right to receive in perpetuity the annual
delivery of the AW Priority Water in such amounts, at such
times and at such locations as described more fully in Article
2 below;
(d) The AW Delivery Easement as defined in Section
2.6 below.
1.2 The Supplemental Water. If VA receives less than 5,00
acre feet of credit for the AW Priority Water in any future
augmentation, exchange, or change proceeding as a result of a
court determination that historic transbasin diversions of
Arkansas Well Water are less than 500 acre feet per year, then
Climax shall convey to VA the lesser of (i) 100 acre feet, or
(ii) an amount of water equal to the difference between the
amount of water credited to the AW Priority Water in such
O proceeding and 500 acre feet (the "Supplemental Water"),
subject to the following conditions:
(a) Climax's duty to convey the Supplemental Water
shall extend to only one augmentation, exchange or change
proceeding initiated by VA and involving the AW Priority Water,
and shall not extend to any.subsequent augmentation, exchange,
or change proceedings;
(b) The Supplemental Water shall have a firm annual
yield, on an acre-foot per acre-foot basis, as reliable as that
of the first 10-0 acre feet of historic transbasin diversions of
the Arkansas.Well as decreed in any augmentation, exchange or
change proceeding initiated by VA (the "AW Firm Annual Yield").
1.3 Water Court Proceedings. (a) Climax shall have the
right to participate as a party in any augmentation, exchange,
or change proceeding involving the AW Priority Water for the
limited-purpose of insuring that such proceeding does not
j involve or otherwise adversely affect Climax's remaining
interest in the Arkansas Well Water, and Climax shall have the
right to appeal, with or without VA's participation, any such
determination regarding such limited issues; provided, however,
PKPD:b09 -3-