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2012-06-05_HYDROLOGY - M1977526
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2012-06-05_HYDROLOGY - M1977526
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Last modified
8/24/2016 4:59:17 PM
Creation date
6/25/2012 3:45:19 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977526
IBM Index Class Name
HYDROLOGY
Doc Date
6/5/2012
Doc Name
SUBSTITUTE WATER PLAN
From
DWR
To
ARCADIA U.S.
Media Type
D
Archive
No
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some or all of the Reclaimed Wastewater at alternative Delivery Point(s), then the foregoing <br />reports shall include the calculated amount of avoided transit loss and the amount of water <br />physically delivered at such alternative Delivery Point(s). For purposes of calculating any such <br />avoided transit loss, the parties hereby agree that the volume of Reclaimed Wastewater required <br />to be delivered by Aurora in accordance with the Delivery Schedule shall be discounted by an <br />amount equal to one -half of one percent (0.5 %) of such volume during the April through <br />September irrigation season, or one - fourth of one percent (0.25 %) of such volume during the <br />October through March non - irrigation season, for each river mile in distance between Metro and <br />such alternative Delivery Point(s) (such distance calculated to the nearest one tenth of a mile), or <br />by such other amount as determined by the Division Engineer for Water Division No. 1(such <br />office or its replacement the "Division Engineer ") or as specified in an applicable statute or <br />decree from a court of applicable jurisdiction. The product of this calculation shall represent the <br />amount of avoided transit loss in acre -feet, which Aurora shall be entitled to retain. <br />4. Source and Ouality of Reclaimed Wastewater. The Reclaimed Wastewater to be <br />provided by Aurora under this Agreement shall, at Aurora's discretion, consist of Aurora's <br />reusable municipal return flows to the South Platte River, any fully consumable portion of <br />changed irrigation water rights owned by, or available to, Aurora, fully consumable water <br />diverted pursuant to decrees entered in 03CW414, 03CW415 and 06CWI04, and any other legal <br />source of Reclaimed Wastewater available to Aurora. Under no circumstances shall this <br />Agreement be interpreted to mean that Aurora must supply potable water should the sources set <br />forth in this paragraph be unavailable. Aurora does not warrant or guaranty any water quality <br />standards with respect to the Reclaimed Wastewater to be delivered as provided for under this <br />Agreement and Lessee hereby waives any such warranty or guaranty. <br />5. Use of Reclaimed Wastewater. Lessee shall have the right to use and reuse to <br />extinction the Reclaimed Wastewater delivered under this Agreement for all purposes, including <br />water supply purposes, sale to third- parties, replacement and exchange purposes in connection <br />with any substitute water supply plan approved by the Colorado State Engineer's Office, and <br />augmentation and exchange purposes in accordance with any augmentation plan decreed by the <br />Colorado Water Court; provided, that, such use is consistent with the terms of this Agreement <br />and all applicable taws rules and regulations. <br />6. Water Ria6ts Accounting. Lessee will be solely responsible for any and all reporting <br />and accounting required by the Colorado State Engineer, the Division Engineer for Water <br />Division 1, the Water Commissioner for Water Commissioner District 2, or any other lawful <br />authority after Aurora makes its delivery of the Reclaimed Wastewater as provided for under this <br />Agreement. This responsibility includes, but is not limited to, Lessee's withdrawal of the <br />Reclaimed Wastewater from the South Platte River (if any) and Lessee's use of the Reclaimed <br />Wastewater. In addition to the report requirements set forth in Section 3(b) above, Aurora will <br />provide any and all reporting and accounting required by the Colorado State Engineer, the <br />Division 1 Engineer, or any other lawful authority concerning proof of the reusability of the <br />Reclaimed Wastewater and conveyance of the Reclaimed Wastewater to the Delivery Point(s). <br />7. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred dollars <br />($300.00) per acre -foot ( "Unit Rate ") of Reclaimed Wastewater delivered under this Agreement. <br />The Unit Rate shall remain constant throughout the term of this Agreement. <br />3 <br />9411\3\1521500.1 <br />
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