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<br />e <br /> <br />e <br /> <br />Co, which for Water Year 2001 shall be $8,25 per acre-foot for April through <br />October accretion credits, If depletions still exist after this lease of April through <br />October Farmers Grain accretion credits by Lower to GASP, GASP may lease from <br />Lower such excess accretion water Lower has available over and above Lower's <br />needs and obligations, at a price and terms to be negotiated by the parties. If there <br />still remain depletions from the well that must be replaced due to a river call, then <br />GASP shall use the well as the additional replacement source to offset the <br />remaining out-of-priority depletions, GASP, not Lower, shall be responsible to <br />replace all out-of-priority depletions caused by pumping of the weli during the term <br />of this Agreement. <br /> <br />8, Pursuantto the Lower/Farmers Grain Agreement, the pumping of the new well shall <br />first be used to fully augment the present uses of the four existing irrigation wells, <br />P6609F, 15295R, 6024F, and the unpermitted well decreed in Case NQ W-2493, <br />located in Sedgwick County, which wells are owned by Farmers Grain and/or James <br />G, Kontny, and/or Kontny Enterprises Inc. The parties agree that the replacement <br />use of the water from the well shall be limited to depletions caused by said four <br />irrigation wells and wells with GASP Contracts which depletions originate or occur <br />in Sedgwick County, Colorado. <br /> <br />9, The term of this Agreement shall be for 20 years beginning the date it is executed <br />by both parties. If the Agreement is executed by the parties on different dates, the <br />term of this Agreement shall be 20 years from the latest date it is executed by one <br />of the parties. It shall be automatically renewed for successive 10 year periods <br />unless either party gives written notice of its intent to terminate to the other party in <br />writing at least 6 months in advance of the expiration of the Agreement. <br /> <br />10. In the event the Agreement is terminated, Lower shall retain the well, pipeline and <br />all associated equipment. Upon termination of the Agreement, Lower shall be <br />responsible for all replacement obligations for any out-of-priority depletions to the <br />South Platte River caused by the pumping of the well subsequent to the date of <br />termination. Upon termination of the Agreement, GASP shall assume all future <br />years' replacement obligations for any out-of-priority depletions to the South Platte <br />River caused by the diversions from the well during the term of the Agreement. <br /> <br />11. GASP agrees to indemnify and to hold Lower harmless of and from any claims or <br />cause of action by third parties against Lower arising out of the use and operation <br />of the well for GASP's replacement purposes, <br /> <br />12, This Agreement represents the complete contract of the parties hereto, and no oral <br />modification shall be recognized, Any amendments or additions shall be made in <br />writing signed by the parties, <br /> <br />13, Either party may record this Agreement in the real property records of Sedgwick <br />County, <br /> <br />F:\KIM\LSP\Augmentation Well\LSPWCD GASP Agreement 6-1-01,wpd <br /> <br />3 <br />