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Conservancy District. CS-U shall be any evaporative and transit losses incurred after the Pilot Project Replacement Water is delivered into Super Ditch's storage space in Pueblo Reservoir. 9. CS-U shall be solely responsible for delivering fully-consumable water to the Arkansas River in time, location, and amount to meet the Monthly Delayed Return Flow Obligations during the Lagging Period. 10. This Letter Agreement is contingent upon the following: a. The CWCB and the State and Division Engineers must approve the operations set forth in this Letter Agreement asp oft e CS-U/Super Ditch Pilot Project. b The Pilot Project Replacement Water must qualify as a Class I or Class H Temporary Use Water as those terms are defined in the Decree entered in Case No. 05CW96 (Div. 2). c. CS-U must be authorized by the CWCB, the State and Division Engineers, and any other governmental or administrative body with authority over the operations described in this Letter Agreement to make releases from Lake Meredith to meet the Monthly Delayed Return Flow Obligations during the Lagging Period (although CS-U may, in its sole discretion, make releases from other facilities). d. CS-U must approve any accounting procedures used to account for Pilot Project Replacement Water and the operations contemplated by this Letter Agreement; provided that such approval shall not be unreasonably withheld. If any oft e above contingencies are not satisfied, CS-U must provide written notice to the Super Ditch of the deficiency and provide the Super Ditch with ten days to cure the deficiency. If the per Ditch does not cure the deficiency within ten days of receipt of said written notice, then this Letter Agreement shall be null and void, and the Super Ditch shall be responsible for meeting the Monthly Delayed Return Flow Obligations during the Lagging Period at its sole expense. 11. The to of this Letter Agreement shall remain in effect during the to of the Pilot Project, unless terminated under the terms oft is Letter Agreement. 12. This Letter Agreement does not modify or change the Pilot Project Agreement except as specifically set forth herein. 13. The signors tothis Letter Agreement represent and warrant that they are entitled to in their respective organizations. 14. Except as expressly provided hereunder, each Party shall be its own fees and expenses incurred in the formation of this Agreement. 15. It is specifically understood that,by executing this Letter Agreement, each party commits itself to perform pursuant to the terms and conditions contained herein and that the failure of any party to fulfill any obligation set forth herein shall constitute a breach of this Letter Agreement. The parties agree that this Letter Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, as may be available according tothe 4017