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i i~ii~~ iiiii i~iiifi iiiii ~iii iui iioiii iii iiiii iiii iiii 6763~ 04/~/20~ 11:03A 8864 P44d LSEAGMT 2 of 12 R 61.00 D 0.00 N 0.~ Lo~an County CO The foregoing water rigt-ts are the subject af an application for change of water right and plan for augmentation pending before the Water Court in and for Water Division No. 1 in Case No. 96CW1034. For purposes of tlus Lease Agroemen~, the North S~erling Reservoir Water Rights shall aLso include fully consumable water delivered to the South Platte River including, but not iimited to: (i) fully consumabie recharge water deiivered to tbe ~out~i Platte itiver from die use af the North Sterling Recharge Water Right described in the application pending before the District Court in a~d for WaBeF Divis~on ~To. 1 in Case No. 96CW 1 Q34; anci (2) f~y consumable water delivered to the Sout~ PIatte Rive~r from delivery of ttie North Sterling Reservoir Water Rig~~s desc~bed above, ~~o reebarge f~c~i~ies descri~d ~ the ap~licatioa ~e~dirig bef~re the District Court ffi and for Water Division No. 1 in Case No. 9bCW1034; and (3) other fully consumable w~ter th~t is cEelivered ta the South. Platte River on behatf of PSCo pursuant to ttu,s Lease Agrcemen~ 1.3 "Pawnce Wells" means the following weIls (or any replacement wells in Section 29 for the Pawnee Wells) owned by PSCo neaz the Pawnee Station: Well Permit No. Leg„~1 Descr'rntion Pawnee Well A 24258 F SW 1/4, NW 114, 529, T4N, RS6W 1'awaee ~e1~ ~ 24259-P NV~I/4, NWI/4, 529. T4N, R56VV ~e~e i~e~ C 242b~U N~il4, NyVi/4, 529, 'T41~1, ~bW Pa~vnce ~eIl D 2a4261 F NWl/4, NEZ/4, 529, T4N, RSSW Pawnee Well E 24262-F NEl/4, NEl/4, 52.9, T4N, R56W 1.4 Subscription Agreement" means an agreement between the Water Company and laad owners within the North Sterling Irrigation District committing said landowners' pro rata portion of the North Sterling Reservoir Water Rights to satisfy ~e water delivery obligation of the Water Compazry pursuant to this Lease Agreemen~ 2. Conditiona Preceden~k Both Parties' obfigations to perform pursuant to this Lease Agreement are contingent upon fiill sarisfaction of all of the following conditions: 2.1 The Water Compaay shall work with North Sterling to obtain a finai decree (including any and all appeals) in its change of water right and plan for augmentation pending in Case No. 96CW 1034 ("Final Decree'~. The Final Decree must contain adequate terms and conditions, as deteimiaed by PSCo, to enatale the Water CompaIIy to deiiver up to 3,000 acre- fcet of f~lly coaswnable wster for industri~I use at t~e Pawnee Statiou &om November through lViarch for ea.ch year of the term of this I~se Agreem+ent and in accordance with the terms and co~t~cros of t~is i,~ase ~~k 2