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every ten years between January 1,2020 and December 31,2029,and up to two additional ten- <br /> year periods at the discretion of the Parties. ("Pilot Project ATM Water'); <br /> WHEREAS, the Parties contemplate that CS-U will make payment to Super Ditch for <br /> each acre-foot of Pilot Project ATM Water delivered in Pueblo Reservoir for CS-U's use,and <br /> Super Ditch will then distribute the payments to the irrigators who participate in the Pilot Project <br /> (the"Participating Irrigators"); <br /> WHEREAS,the Parties contemplate that CS-U will pay to the Super Ditch$60,000 <br /> annually during the term of the Pilot Project,which may be distributed to the Participating <br /> Irrigators as readiness to serve payments or otherwise used by the Super Ditch;and <br /> WHEREAS,the Parties contemplate that the Super Ditch will pay the Participating <br /> Irrigators for each acre-foot of water delivered to Pueblo Reservoir for use by CS-U. <br /> NOW THEREFORE,for good consideration, the receipt and sufficiency of which are <br /> acknowledged,the Parties agree as follows: <br /> TERMS AND CONDITIONS <br /> The Recitals set forth above are hereby incorporated into the Terms and Conditions of <br /> this Agreement set forth below. <br /> 1. Term <br /> 1.1.The term of this Agreement shall begin on the date it is executed by both Parties and <br /> shall continue in full force and effect until December 31,2029. This Agreement shall <br /> automatically renew for an additional ten—year period on January 1,2030, and again on <br /> January 1,2040,unless terminated by one of the Parties pursuant to paragraph 9 below <br /> prior to December I of the year before the current ten-year period is set to expire. In no <br /> event shall the term of this Agreement extend beyond December 31,2049. <br /> 2. ATM <br /> 2.1. The Parties acknowledge and agree that this Agreement is intended to create and give <br /> rise to an Alternative Transfer Method as defined in Colorado's State Water Plan. <br /> 2.2. The Parties acknowledge that CS-U's rights to the Pilot Project ATM Water provided <br /> under this Agreement are exclusively contractual, and that this Agreement does not give <br /> rise to any water rights or other property rights. <br /> 3. Pilot Project ATM Water <br /> 3.1. On or before November 16,2018,the Super Ditch and CS-U will jointly apply to the <br /> Colorado Water Conservation Board for the Pilot Project pursuant to H.B. 13-1248, <br /> codified at Section 37-60-115(8),C.R.S. The Super Ditch,in cooperation with the <br /> Lower Ark District,shall prepare the application for the Pilot Project,and provide legal <br /> counsel,engineering,and other consultants necessary for the application. CS-U agrees <br /> 2 <br /> Exhibit A <br />