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 13:44 CMP&00-T# OF 99
I
(i) to the Arkansas River Basin at the location
of the Arkansas Well; or
(ii) to Chalk Mountain Reservoir; or
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(iii) to Buffehr's Reservoir; or
(iv) to the East Fork of the Eagle River at the
location described in the attached Exhibit H, or such other
specified point in the Eagle River Basin agreed to between the
parties (the "Eagle River Delivery Point"); or
(v) to the Ten Mile Creek drainage at the Y?
location described in the attached Exhibit I or such other
specified point in the Ten Mile Creek Basin agreed to between
the parties (the "Ten Mile Delivery Point").
(b) Notwithstanding the foregoing, Climax shall not
be obligated to deliver the AW Priority Water to a-given
location unless and until the applicable delivery facilities
have been built to enable such delivery. Notwithstanding
anything contained herein to the contrary, as of the date of
Closing,*Climax shall, upon VA's request, directly deliver the
AW Priority Water to the Arkansas River Basin and shall
deliver the AW Priority Water to the Ten Mile Delivery Point
by exchange as otherwise provided herein.
(c) Upon Closing, deliveries to the Ten Mile
Delivery Point shall at VA's request be accomplished by an
internal exchange whereby Climax shall deliver, within 24
hours of a request for such delivery by VA, one acre foot of
water to the Ten Mile Delivery Point for every acre foot of AW
Priority Water dedicated by VA to Climax (the "Ten Mile
Exchange"). Climax shall only be required'to conduct the Ten
Mile Exchange if the following-conditions are met:
(i) the Ten Mile Exchange is in compliance with
all of Climax's applicable NPDES discharge permit requirements;
(ii) the Ten Mile Exchange is limited to a
maximum rate of 4 acre feet in any 24 hour period;
(iii) water is physically available at the Ten
Mile Delivery Point to enable Climax to conduct the Ten Mile
Exchange; and
Mile Exchange.
(iv) the Division Engineer has approved the Ten
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