2011-03-14_REVISION - M1977493 (41)

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utilize such yield to-the extent that they release for the reservoir Company (or other West Slope entities or uses identified by the Company) one acre foot of water for each acre foot delivered to the cities in excess of the 20,000 a/f rolling average referenced in :,w Paragraph IV.B.2. D. Interim Supply. a In the event the construction of the subsequent phases 6 4WD? of the Project prevents the use of water from Phase 1 0 by the Reservoir Company, then during such construction m the Cities shall make available to the Reservoir m a= Company an amount of water equal to the displaced use. z w ¦!' Such interim supply shall-be made available from O1? Homestake Reservoir or other facility acceptable to the °o w IM Reservoir Company up to a maximum amount of 2,013 acre feet annually. n o PERMITTING., A ? A. Phase 1 Permits. Climax and the Reservoir Company shall make application for the.necessary federal, state and local permits required to develop. phase 1 of the project. Such applications shall proceed independent of any applications for the subsequent phases of the project, and may be initiated at any time desired by Climax and the Reservoir Company. However, in connection with such application, a copy of this MOU shall be submitted to any permitting.authorities. The Cities agree not to oppose land.use applications for phase 1. Subsequent Phase Permits. Subject to the provisions of Sections III.C.3 and IV.C.2 and 3 above, the parties shall make application as co-applicants for the following permits required to construct any subsequent phases of the project. Federal permits which may be sought for individual project phases. Army Corps of Engineers Section 404 Permit. %1e9a1%mtp\water\aur-cs2.mou 10 I IIl111111111111111 IIII IIIII 111111 IIIII III IIII IIIII IN 666203 08/17/1998 03.10P 23 Sara, Fisher 31 of 112 R 561.00 D 0.00 N 0.00 Eagle CO