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<br />, . <br /> <br /> <br />tDI <br /> <br /> <br /> <br />the Raw Water Delivery System to any person or location other than <br />the Plant shall be constructed in a manner that would adversely <br />impact the delivery of Canyon Lake Water to the Plant in the <br />volumes desired by the city. Provided, further, that any such <br />interconnection shall be constructed at GBRA's sole expense with <br />either a satisfactory air gap or backflow protection device(s) that <br />meets the applicable requirements of the TNRCC to prevent the <br />--- degradation of the water being delivered to the Plant. <br />I - <br />I <br />i Section 10. GBRA Sales of Treated Surface Water from the <br />~ Plant to Third Parties. <br /> <br />GBRA agrees that it will not enter into any contract for the <br />sale of treated surface water from the Plant for use within the <br />City's Service Area (hereinafter defined) without first receiving <br />the City's written approval of the same, which approval shall not <br />be unreasonably withheld. The "Ci ty' s Service Area II is defined <br />generally as the area contained within a line one (1) mile outside <br />the City's extraterritorial jurisdiction ("ETJ"), as the same may <br />be modified from time to time as the result of lawful annexation by <br />the City; provided, however, that the City's Service Area does not <br />include any service area of another water supplier as such area <br />either is certificated or otherwise defined as of the date of this <br />Agreement or is subsequently certificated, if such service area is <br />lawfully modified before the date on which such area becomes a part <br />of the City's Service Area; and provided further, however, that the <br />Ci ty' s Service Area does not include such other excepted areas <br />shown on the map attached as Exhibit 4, or subsequently agreed to <br />by the Parties. The current "City Service Area" is shown on the <br />map attached hereto as Exhibit 4. <br /> <br />GBRA further agrees that any contract for the sale by GBRA of <br />,- treated water from the Plant shall require the customer to develop <br />. and implement a water conservation and drought management plan that <br />is at least as effective as the plan adopted by and in effect for <br />the City at the time such contract is entered into. <br /> <br />Section 11. Delivery of Raw Water to the Plant. <br /> <br />GBRA shall divert water delivered to the Diversion Point under <br />the City's Raw Water Contract, as such Contract may be amended from <br />time to time, and shall deliver such water to the City at the Plant <br />in volumes requested by the City at any time up to that poTtion of <br />the pumping capacity installed for the City at such time that is <br />not subject to the GBRA Reservation. <br /> <br />GBRA shall further deliver additional raw water to the Plant <br />in volumes desired by GBRA, for treatment by the City up to the <br />treatment capacity reserved and/or installed for GBRA at such time <br />and, following such treatment, delivery back to GBRA at the Point <br />of Delivery. <br /> <br /> <br /> <br />-10- <br />