DWR_3538977 - Laserfiche WebLink

4.8. All payments by CS-U under this agreement shall be made as follows: Lower Arkansas Valley Super Ditch,Inc. 801 Swink Avenue Rocky Ford,Colorado 81067 5. Delivery of Water 5.1 CS-U shall call for delivery of a minimum of 1,000 acre-feet of Pilot Project ATM Water in three years between 2020 and 2029,and if the term of the agreement is extended,CS- U shall call for a minimum of 1,000 acre-feet of Pilot Project ATM Water in three years between 2030 and 2039,and in three years between 2040 and 2049. CS-U,in its sole discretion,shall determine which three years it will take delivery of Pilot Project ATM Water from the Super Ditch in each ten-year period. The Super Ditch shall deliver such water no later than October 31 of the year in which CS-U calls for it. 5.2 CS-U shall notify the Super Ditch of its intent to call for delivery of Pilot Project ATM Water by January 31 of any given year in which it intends to take delivery of such water under the terms and conditions of this Agreement. 5.3 In any year that CS-U calls for delivery of Pilot Project ATM Water,the Super Ditch shall make the Pilot Project ATM Water available to CS-U in Pueblo Reservoir no later than October 31 of that year. 5.4 While it is the intent and purpose of the Super Ditch to provide of Pilot Project ATM Water in response to CS-U's calls,there are some factors which make it uncertain whether the water supply can always be adequate, The Parties recognize that the water supply for the Super Ditch and its lessees is dependent upon sources from which the supply is variable in quantity and beyond the control of the Super Ditch. As long as a failure of the Super Ditch to deliver Pilot Project ATM Water does not occur because of its affirmative action, inaction or negligence,no liability in tort or contract shall attach to the Super Ditch under this Agreement on account of an actual failure of the Super Ditch to deliver Pilot Project ATM Water due to inadequate runoff or inadequate storage arising from an occurrence beyond the reasonable control of the Super Ditch,including, but not limited to,acts of God,acts or failure to act by governmental entities,strike,war, insurrection,or inability to delivery water arising from the order of any court or a lawful order of any governmental administrative body or agency clothed with authority to regulate matters pertaining to water use,public health,or water quality control. If Super Ditch anticipates an inability to meet a call from CS-U(for example, in the event of drought or failure of infrastructure),it shall provide notice of such interruption to CS-U at the earliest time practicable, G. Stor age of Water 6.1.The Super Ditch shall be responsible for providing the necessary storage space for all Pilot Project ATM Water that is delivered to CS-U in Pueblo Reservoir until such time as the water is moved out of storage by CS-U under the 05CW96 Exchange or otherwise; 5 Exhibit A