EPWSD MITIGATION. For any period of time during which the Buffalo Pasture Recharge Project: (a) is not operational; or (b) fails to offset Buffalo Pasture Depletions as agreed between EPWSD and the Pueblo, and provided that the El Torreon Well is operational, has water rights, and is connected to EPWSD’s water supply system, EPWSD shall provide a quantity of water to the Pueblo in an amount equal to the quantity of water that the Settlement Model simulates as the Buffalo Pasture Depletions resulting from EPWSD’s actual groundwater diversions. All deliveries of water to the Pueblo pursuant to this Article shall be made in a mutually agreed upon time, place, and manner. If necessary to provide efficient delivery, EPWSD and the Pueblo shall work together to obtain funding for infrastructure related to such deliveries.
