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to work cooperatively with the Super Ditch and the Lower District to provide legal and <br /> engineering review of the application as needed. Each Party shall be individually <br /> responsible for the costs it or its consultants incur in preparing and reviewing the <br /> application. <br /> 3.2. The Super Ditch and CS-U shall seek approval in the application for a Pilot Project that <br /> authorizes the Super Ditch to deliver up to 5,000 acre-feet of Pilot Project ATM Water <br /> to Pueblo Reservoir for municipal and industrial uses in CS-U's existing and future <br /> water service area in any three years between 2020 and 2029. <br /> 3.3. The Pilot Project ATM Water made available to CS-U in Pueblo Reservoir under this <br /> Agreement shall be fully consumable and made available pursuant to the requirements of <br /> H.B. 13-1248 and the procedures set forth in paragraph 29.P of the decree entered in <br /> Case No.05CW96. The Pilot Project ATM Water shall be made up of water that can be <br /> used for municipal and industrial uses in CS-U's existing and future water service area <br /> and shall also qualify as a Class I or Class II Temporary Use Water as those terms are <br /> defined in the 05CW96 Exchange decree. <br /> 3.4. The Pilot Project ATM Water shall be delivered to Pueblo Reservoir by the Super Ditch <br /> under the priority applied for in Case No. I0CW4 or a new exchange filed in <br /> cooperation with the Lower District, or any other legally available and mutually <br /> acceptable means. <br /> 3.5. The Super Ditch shall be solely responsible for acquiring ATM Water for the Pilot <br /> Project from the Participating Irrigators pursuant to separate contracts, The Super Ditch <br /> may make actual delivery of Pilot Project ATM Water to CS-U from any source <br /> available to it at the option of the Super Ditch. <br /> 3.6. Super Ditch shall also be solely responsible,financially or otherwise,for obtaining all <br /> necessary approvals for the delivery of Pilot Project ATM Water to Pueblo Reservoir, <br /> including any necessary permits or other governmental approvals except as expressly <br /> provided otherwise in this Agreement. <br /> 3.7. The Parties understand and agree that Pilot Project ATM Water will be provided on a <br /> temporary basis and is not to be considered a permanent or perpetual supply of water for <br /> CS-U. <br /> 3.8. CS-U shall be solely responsible for delivering Pilot Project ATM Water to its municipal <br /> water system under the 05CW96 Exchange or otherwise.CS-U shall also be solely <br /> responsible, financially or otherwise,for obtaining all necessary approvals for the <br /> delivery of Pilot Project ATM Water from Pueblo Reservoir to its municipal water <br /> system,including any necessary permits or other governmental approvals. <br /> 3.9. CS-U may use Pilot Project ATM Water for any lawful purpose. <br /> 3,10. The Parties acknowledge that it may be necessary for Super Ditch to institute <br /> water court or administrative proceedings to implement the Pilot Project, So long as any <br /> such filing is consistent with the terms and intent of this Agreement,CS-U shall not <br /> oppose,but may participate as a co-applicant or file a"friendly"statement of opposition <br /> 3 <br /> ExIiibit A <br />