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2012-12-07_HYDROLOGY - M1994005
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2012-12-07_HYDROLOGY - M1994005
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Last modified
8/24/2016 5:11:14 PM
Creation date
12/10/2012 7:27:24 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1994005
IBM Index Class Name
HYDROLOGY
Doc Date
12/7/2012
Doc Name
SWSP
From
OSE
To
Wright Water Engineers, Inc.
Permit Index Doc Type
Hydrology Report
Email Name
DMC
Media Type
D
Archive
No
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8. The Buyer shall not be charged directly or indirectly for any costs incurred by the District pursuant to Section <br />20 of the Government- District contract so as long as the Buyer is current in its payments hereunder. <br />POINT OF DELIVERY OF PROJECT WATER <br />9. The Project water purchased hereunder by the Buyer shall be measured and delivered at the outlet works of <br />Ridgway Reservoir as directed by the State of Colorado. The District shall be responsible for measurement and <br />release of augmentation water and records shall be made available to all concerned. It shall not be the <br />responsibility of the District to provide facilities to convey water from such point or points of delivery to the place <br />of use. <br />DEFAULT AND PENALTY <br />10. No Project water shall be delivered to or for the Buyer until payment is made in full. The provisions of this <br />article are not exclusive and shall not prevent the District from exercising any other remedy given by this Contract <br />or by law to collect or enforce the collection of any payments due under the terms of this Contract. <br />11. If the District is unable to deliver water to the Buyer from the Project without fault on the part of the District, <br />the District shall make available to the Buyer that proportionate amount of any other water supplies it may have <br />during such period as the Buyer's purchase of industrial Project water bears to the total amount of Project <br />industrial water for which the District is then paying the United States under its said repayment obligation. <br />12. If the District or other purchasers of Project water from the District default in their payments to the United <br />States, the District agrees to continue to supply the Buyer its share of Project water if permitted to do so by the <br />United States as Iong as the Buyer is not in default of its payments clue hereunder, which payments the District <br />shall pay over to the United States on its repayment obligation. <br />WATER SHORTAGES <br />13. In the event of a Project water shortage caused by drought, hostile diversion, prior or superior claims, or <br />other causes not within the control of the District, nor resulting from its negligence, no liability shall accrue <br />against the District or the United States, or any of their officers, agents or employees, or either of them for any <br />damage, direct or indirect, arising therefrom; and the payment to the District provided for herein shall not be <br />reduced because of any such shortage or damage. If there should be any shortage of water, water allotted pursuant <br />to this contract shall be abated along with supplies to irrigation prior to the reduction of deliveries of water for <br />municipal purposes. The District shall include appropriate provisions to this effect in contracts with other users of <br />industrial and irrigation water. <br />AIR AND WATER POLLUTION <br />14. The Buyer shall comply with all air and water pollution requirements as set forth in the Government- District <br />Contract. <br />USE OF PROJECT WATER <br />15. Except as hereinafter provided all Project water herein sold to the Buyer shall be used for industrial use within <br />or through facilities or upon lands owned or served by the Buyer, provided, however, that all lands which receive <br />benefits from said water shall be situated within the boundaries of the District. The Project water shall be <br />beneficially used for the purposes and in the manner herein specified and as specified in the Government - District <br />Contract. The Buyer shall be entitled to use said water within a legal water supply plan, substitution or exchange <br />or change of water right, including a plan for augmentation. This sale of water is made for the exclusive benefit <br />of the Buyer and shall not inure to the benefit of any successors or assigns of the Buyer without prior specific <br />approval of the District. <br />COMPLIANCE WITH GOVERNMENT - DISTRICT CONTRACT AND <br />FEDERAL AND STATE LAWS AND REGULATIONS <br />16. This Contract and the sale of water pursuant thereto and the performance of all provisions of this Contract are <br />subject to all applicable conditions and provisions of the Government - District Contract, the laws of the State of <br />Colorado and the laws of the United States of America. <br />REPEAL OR AMENDMENT OF LAW OR GOVERNMENT- DISTRICT CONTRACT <br />17. In the event of material amendment or repeal of the Federal Reclamation law or the Colorado Statutes relative <br />
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