C150293 Feasibility Study

• Contract/PO #: C150293
• Contractor Name: North Sterling Irrigation District
• Contract Type: Loan
• Water District: 0
• County: Logan
• Loan Projects - Doc Type: Feasibility Study

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This Lease Agreement is entered into this.~day of 2005 between Point
of Rocks Water Company, LLC ("Water Company"~, a Colorado Limit~ed Liability Company,
and Pubiic Service Compaay of Colorado d!t>~a Xcet Energy ("PSCo°'), a Colorado Corporation
(the Water Compaay and PSCo are also referred to collectively, as the "Parties'~.
RECTTALS
A. PSCo is the owner aad operator of the Pawnee Steam Electric Generating Station
("Pawnee Station'~, located neat Bzush, Colorado.
B. ~'he VVater Campsuy is s Caloisd~a I.imited Liat~ility Company consisting of
members who sre landowners within the North Sterling Irriga.tion District {`~North Sterling'~,
with such members being entitled to delivecies of w~tsr fi~om N+c~h Steriing, aa+d said members
have entered into Snbscription Agreements with the Water Companry committing their water
deliveries from I~Iorth SterZia.g to tt~e Water Campan~ so that PSCo may use sard water deliveries
pursuant to the terms aad conditions pmvided herein.
C. Subject ta the terms and coaditions below, the Parties desire t4 enter into a lease
agreement under wluch the Water Company will supply to PSCo up to 3,000 acre-feet annually
of fulty-conswnable water for in,dustiial use at the Pawnee Stativn from November through
March of each year ~tning the term of ttris Lease Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, the receipt and suff~icieney of which is hereby acknowledged, the Parties agre~
as follows:
1. Definitions.
1.1 `2Torth Sterting" means the North Sterling Irrigation District.
1.~ "Nordi Ster~ing Rese~rvvir ~Vater Rights" means t~e foIlowing water rights
that are owned by North Sterling. Water diverted under said water rights is delivered by North
Sterlin~ to North Ster}}~n~ laadowa~rs:
1.2.1 ~or~ty 53-A vvith an appr~riaiioa dete of J~ne 15, 1908 for a
storage amount of 69,446 acre-feet in the North Sterling Reservoir, at a diversion rate of 300
cubic-~e~t p~ s~can~i ("cf~'~ ~iaa~. t~e Sou#~ ~latt~ River, as decre~d by t~ie ~istrict ~ot~t in and
for Water Division No. 1 in Case No. 2142.
1.2.2 Priority 79 with aa apprapriation da.te of Auge~st 1, 1915 for a
storage amo~mt of 11,954 acre-feet ia the North Sterling Re4ervoir, at a diversion rate of 411 cfs
from t~e South P2atte River, as decree~ by the District Cotut in and far Vt~ater Division No. I in
Case No. 2142.