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t <br />4.D.1. CSU shall deliver water to CC&V at rates up to, but not exceeding, 2.5 <br />cfs at the point of delivery. CSU has represented to CC &V that operational constraints may <br />dictate that CSU make its deliveries at a constant rate during the winter season. CC &V <br />accepts that the deliveries of water may be so constrained. However, to the extent reasonably <br />feasible but without any obligation to do so, CSU shall accommodate CC &V's need for <br />delivery rates to vary during the winter season. No such operational constraints are expected <br />to exist during the summer season. During the summer season, _CSU will vary delivery rates <br />up to twice per week, provided it receives notice at least 24 hours in advance of the time the <br />change is to be effective. <br />4.D.2. CSU shall deliver water to CC&V at volumes up to 75 acre feet per <br />month at the point of delivery. <br />4.D.3. CSU shall deliver water to CC&V at volumes up to 300 acre feet per <br />year on a firm basis (subject' to the other provisions of this Amended Agreement) and an <br />additional 300 acre feet per year on an as- available basis, with availability to be determined by <br />CSU as provided in paragraph 8 at the point of delivery, unless CSU agrees to provide <br />additional amounts of water in accordance with paragraph 8 of this Amended Agreement. <br />5. Points of Delivery. Unless otherwise agreed to by the parties, CSU shall deliver the <br />water to or for the account of CC &V at two alternate locations: (1) the Victor Weir, located on <br />the East Fork of the West Beaver Creek downstream from Wilson Reservoir, a/k/a Reservoir <br />No. 7, and Bighorn Reservoir, a/k/a Reservoir No. 8; and (2) the Mason Flume or the Middle <br />Beaver Creek Flume located downstream from Mason Reservoir, a/k/a Reservoir No. 4, on <br />Middle Beaver Creek. CSU and CC &V agree to mutually evaluate and compare the feasibility <br />of these two delivery locations, considering the facilities involved, availability of water supply, <br />institutional constraints, the requirements of CC&V, and any other relevant factors; and then <br />6. Measurement of Deliveries and Title Thereto. All of the water delivered shall be <br />measured at the points of delivery. CSU agrees to ensure that measurement devices at the <br />points of delivery accurately measure the amounts of water delivered. Title to the water <br />delivered under this Amended Agreement shall pass to CC &V at the point of delivery. <br />7. Modification of Delivery Schedule. As circumstances require during the summer <br />season, CC&V may request a modification of the delivery schedule submitted to CSU as part <br />of any water order. CSU shall accept such modification and deliver water in accordance with <br />the modified delivery schedule, provided that CSU determines, in its reasonable judgment, that <br />it has sufficient water supply to accommodate the modified delivery schedule, that it is <br />operationally feasible and consistent with other operational needs, and that it does not result in <br />the delivery of water in excess of the amount of the water order. <br />7\= fawkje=&v wiser pumbam armed clan 4 <br />