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WATER SUPPLY CONTRACT <br />Page 5 <br />C W09 0 02 <br />c. Use Per Contract and Law. Contractor's use of Contracted Water shall in all <br />instances be in accordance with the terms of this Contract, the permits and decrees <br />of the Project, the Water Marketing Policy, as it may change from time to time, and <br />in accordance with applicable law and all decrees related to the Contracted Water. <br />Co ntractor is not authorized to apply for or secure any change in the water rights for <br />or associated with any of the sources of supply of the Contracted Water. <br />d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for <br />augmentation or exchange and/or secure administrative approvals of any temporary <br />substitute supply plans which are needed for Contractor to use its Contracted Water. <br />Any such plans shall identify Wolford Mountain Reservoir and Ruedi Reservoir as <br />the sources of supply: Contractor already has - obtained a decree in Water Court, <br />Water Division No 5, Cases No.81CW94 and 81CW291 (consolidated), and also <br />filed for a Substitute Water Supply Plan with the State Engineer's Office on June 9, <br />2009. If Contractor intends to make any additional application(s) for any <br />augmentation or exchange plan(s) or substitute supplyplan(s) needed for Contractor <br />to use its Contracted Water, Contractor shall submit the proposed application(s) to <br />the River District within a reasonable time before Contractor proposes to file such <br />application. The River District shall grant written approval of such applications <br />before they are submitted or filed, and the River District's approval shall not be <br />unreasonably withheld. The River District may in its discretion become a co- <br />applicant in the prosecution of any such applications for the purpose of protecting its <br />water rights and related policies. Contractor shall cause to be included in any final <br />decree of the Water Court a provision conditioning Contractor's use of the <br />Contracted Water on the existence of a River District contract. <br />e. Limitation on Disposition. <br />Contractor shall not sublet, sell, donate, loan, assign or otherwise dispose of <br />any of its rights to this Contract or to Contracted Water without prior written <br />notice to, and the written approval of the River District and the payment of <br />a transfer fee at the prevailing rate set forth in the Water Marketing Policy. <br />The River District's approval of such disposition shall be granted in all <br />instances in which the Contractor is transferring the water system which <br />supplies the Contracted Water, or a permanent transfer of the Contract is to <br />be made to a successor in interest of Contractor by reason of the transfer of <br />the title or other legal right to use the property served by the Contracted <br />Water, or where the transfer is made to an entity such as a homeowners' <br />association or special district created to serve the property originally <br />represented to the River District to be served with the Contracted Water. <br />ii. ' <br />The assignment of a .Contract is subject to the Water Marketing Policy as <br />