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COP-057197
<br />• RENE W
<br />AL OF WATER LEASE UNDER ACT OF .TTTNF. 1 ~ ~ ozn
<br />THIS INDENTURE OF LEASE, is entered into, in triplicate, by and between the
<br />United States of America; hereinafter, called the "Lessor", by the field office manager,
<br />Royal Gorge Field Office, Bureau of Land Management, Canon City, Colorado, and the
<br />Park Center Water District, Fremont County, State of Colorado, hereinafter called the
<br />Lessee, under and pursuant to the Act of Congress approved June 16, 1934 (48 Stat. 977),
<br />amending the Mineral Lease Act of February 2S, 1920 (41 Stat. 437).
<br />SECTION 1: RIGHTS OF LESSEE AND LESSOR
<br />A. Primary Use of WeI1..The Lessor, in consideration oaf fees and water charges to be
<br />paid and the covenants to be observed, as herein set forth, does hereby grant and lease to
<br />the Lessee the right and. privilege to take and use water from a well situated in the SW 1/a,
<br />SW %4, Section 34, Township 17 South, Range 70 West,.Sixth Principle Meridian,
<br />Colorado, which tract is included in Public Water Reserve No. 107, established under
<br />Section 10 of the Act of Congress approved December 29, 1916 (39 Stat. 862). Lessee
<br />shall have the right to take and use up to 521 acre feet of water annually from the well for
<br />municipal, domestic, and incidental irrigation, augmentation, exchange, and substitute ~'
<br />supply plan purposes, subject to the terms, conditions, and limitations set forth in this
<br />lease. Park Center District will provide Lessor with notice of any such incidental use.
<br />• B. Operation of Well to Com 1 With `~'
<br />CW 169, District Court, Color do Waer Division 2t1The Bue u of Lai dumber 97 °
<br />Management has obtained a watex right decree that allows the Park Center We1I to be ~
<br />operated as anon-tributary well within the Arkansas River basin, subject to a stipulation _..
<br />reached with the City of Cripple Creek. The stipulation addresses uncertainty regarding '`-~
<br />the impact of well operations on Cripple Creek's water rights on Fourmile Creek, which
<br />is a primary water source for the city. The stipulation allows Cripple Creek to lease
<br />limited volumes of water from the Park Center Well, while acknowledging that the well
<br />is a primary water supply for the Park Center District. Accordingly, the Park Center
<br />District shall coordinate with the Lessor to allow the City of Cripple Creek, if the City
<br />chooses to exercise the lease, to divert water according to the following delivery and
<br />allocation schedule:
<br />Party 1St Diversion 2° Diversion 3,'~ Diversion Total
<br /> Increment -
<br />227Acre F
<br />t Increment - Increment -
<br />By
<br />Park Center ee
<br />211 Acre Feet 200 Acre Feet
<br />160 Acre F
<br />t 300 Acre Feet Each Party
<br />
<br />District
<br />° ee
<br />
<br />0 150 Acre Feet
<br />
<br />5 521 Acre Feet
<br />City of Cripple
<br />
<br />Creek 16 Acre Feet 40
<br />Acre Feet (
<br />0%)
<br />150 Acre Feet (72%)
<br />206 Acre F
<br />t
<br /> (7%) (20%)
<br />(50%) ee
<br />(28%1
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