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5. Delivery of Consumable Water. The Board agrees to deliver to Lessee, at the Place of <br />Delivery described in Paragraph 7, transmountain water or other water totally consumable under <br />Colorado law, including but not limited to, reusable return flows from transmountain water rights <br />or other fully consumable water. Deliveries of leased water are subject to transportation and <br />evaporation losses as described in paragraph 10. <br />6. Choice of Water Source. The Board may make the actual delivery of water from the <br />Board's stored water at Clear Creek Reservoir, Turquoise Reservoir, Twin Lakes Reservoir, <br />Pueblo Reservoir, or from any other reservoir or place from which the Board may legally deliver <br />water from storage or by exchange, with the sources of such water to be at the option of the <br />Board. <br />7. Place of Delivery. The Place of Delivery shall be on the Arkansas River at the Arkansas <br />River at Portland stream flow gage. <br />8. Diversion, Measurement, and Administration. Lessee shall provide appropriate and <br />lawful means of diversion, including such measuring and/or measurement devices as the <br />Colorado administrative authorities may require. If the Board's approval or cooperation is <br />required by Lessee in the administration of diversions, the Board agrees to provide the same, at <br />the cost of Lessee. <br />9. Rate of Delivery. The Board will not be required to deliver water at a rate higher than 25 <br />c.f.s. or at a rate less than 5 c.f.s. In order to serve the needs of Lessee, which are assumed to <br />require daily delivery of relatively small quantities of water to replace depletions, the Board will_. <br />upon written request, deliver at rates lower than 5 c.f.s. subject, however, to the following: <br />9.1 Any such lower rate of delivery shall be subject to the approval of the Division <br />Engineer, Water Division No. 2; <br />9.2 Any such delivery from the Board's supplies at Turquoise, Twin Lakes or other <br />reservoir not owned by the Board shall be subject to the approval of the agency that operates or <br />controls discharges from said reservoir; <br />9.3 The Board shall not be required to make any physical alteration of its outlet gates <br />or its outlet measuring devices or incur any additional cost for the purpose of making such low <br />rate deliveries. <br />10. Transportation and Evaporation Losses. In the event the Board releases water from <br />storage to fulfill its requirements under this Agreement, the water delivered hereunder shall be <br />measured at the outlet of the reservoir from which released. Lessee shall bear all transportation <br />and evaporation losses from the place of release to the Place of Delivery, as identified in <br />Paragraph 7. <br />11. Reuse Rights. Once delivered to Lessee, all rights to fully consume the water subject to <br />this Agreement shall belong to Lessee and the Board shall have no reuse rights on the leased <br />water. <br />Page 2 of 7 <br />