DWR_3538977 - Laserfiche WebLink

3. In Delivery Years, the Super Ditch shall take delivery of the Surface Return Flows attributable to the Fallowed Shares and return these tote Arkansas River in time, location, and amount as required byte Pilot Project Engineering. CS-U shall have no obligation to replace the Surface Return Flows. Delivery Years, the Super Ditch shall take deliveries of water in an amount equal to the Delayed Return Flows attributable to the Fallowed Shares in excess of the amount owed the same month of delivery and, in lieu of returning this water tote Arkansas River through recharge facilities or other methods, the Super Ditch shall, at no cost to CS-U, exchange this water to Pueblo Reservoir for municipal uses by CS-U (the "Pilot Project Replacement Water"). The Pilot Project Replacement Water shall be fully consumable in CS-U's municipal system and made available pursuant to the procedures set forth in paragraph 29.P of the decree entered in Case No. 05CW96. Within 30 days of the delivery of any Pilot Project Replacement Water to Pueblo Reservoir, the Super Ditch shall provide a schedule to CS-U specifying the additional and cumulative Delayed Return Flow Obligations during the Lagging Period as a result oft e delivery of such Pilot Project Replacement Water and the previous operations oft e CS-U/Super Ditch Pilot Project (the "Projection of Delayed Return Flows Owed tote River."). 5. CS-U shall coordinate with the Division Engineer to replace the Monthly Delayed Return Flow Obligations during the Lagging Period in time, location, and amount by making releases of water from Lake Meredith or other facilities available to CS-U asspecified in the Projection of Delayed Return Flows Owed to the River using fully consumable sources of water legally and physically available to CS-U in Lake Meredith or such other facilities. CS-U shall not be required to replace any of the Monthly Delayed Return Flow Obligations not shown in the Projection of Delayed Return Flows Owed tote River. 6. The Super Ditch shall be solely responsible for acquiring the Pilot Project Replacement Water from the Participating Irrigators, or otherwise, pursuant to separate contracts. Super Ditch shall also be solely responsible, financially or otherwise, for obtaining all necessary approvals forte delivery of Pilot Project Replacement Water to Pueblo Reservoir, including any necessary permits or other governmental approvals. 7. CS-U shall be solely responsible for delivering Pilot Project Replacement Water to its municipal water system under the Exchange decreed in Case No. 05CW96 (Div. 2) (the "05CW96 Exchange") or otherwise. CS-U shall also be solely responsible, financially or otherwise, for obtaining all necessary approvals for the delivery of Pilot Project Replacement Water from Pueblo Reservoir to its municipal water system, including any necessary permits or other governmental approvals. CS-U may use Pilot Project Replacement Water for any lawful purpose. 8. The Super Ditch shall be responsible for providing the necessary storage space for all Pilot Project Replacement Water that is delivered to CS-U in Pueblo Reservoir until such time as the water is moved out of storage under the 05CW96 Exchange or otherwise; provided that, in no event, shall the Super Ditch be required to store CS-U's Pilot Project Replacement Water in Pueblo Reservoir after December 31 of the year in which the water was delivered to CS-U. However, if CS-U desires to store its Pilot Project Replacement Water for a longer to in Pueblo Reservoir,the parties shall cooperate with each other to secure storage of such water in the Long-Term Excess Capacity Storage Account maintained by the Lower Arkansas Valley Water lof 7