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AGREEMENT
<br />THIS AGREEMENT is made this /A�' day of �, 2009, by and between the
<br />Lower South Platte Water Conservancy District Wat Activities Enterprise (Lowerj and
<br />South Platte River Ranch, LLC (SPRR),
<br />Whereas, both parties desire to cooperatively develop the Heybome Recharge and
<br />Wildlife Project (HRWP) in coordination with Ducks Unlimited, the South Platte Water
<br />Related Activities Program, Inc. (SPWRAP), and the Colorado Water Conservation
<br />Board.
<br />Whereas, SPRR owns certain real property located
<br />described as: Lots 6, 7, 8 and 9, Section 11, T11 N,
<br />grourtd; and the W'/: and SE'/,, Section 14, T11N,
<br />collectively as "the Property."
<br />in Sedgwick County, Colorado,
<br />R45W, and adjoining accretion
<br />R45W, hereinafter referred to
<br />Whereas, a lift station, pipelines, valves, recharge ponds and other infrastructure for the
<br />iiRWP will be constructed on the Properiy for the mutuat benefit to SPRR, Lower,
<br />Ducks Unlimited and SPWRAP.
<br />Whereas, water rights for the HRWP have been appropriated by Lower, will be
<br />adjudicated by Lower in Case No 08CW24 and the HRWP will operate pursuant to the
<br />terms and conditions decreed in Case No. 08CW24 and the decreed augmentation plan
<br />in Case No. 02CW320; and
<br />Whereas, the parties wish to enter into a long-term agreement for construction and
<br />operation of the HRWP and have agreed on a term which is divided into Phase 1 and
<br />Phase 2 as described in this Agreement
<br />Now therefore, in consideration of the mutual promises contained herein, the parties
<br />agree as follows:
<br />1. The Whereas clauses above are incorporated herein as if fully set forth.
<br />SPRR agrees Lower may construct, operate and maintain a new lift station,
<br />pipelines, valves, recharge ponds and other infrastructure for the HRWP on the
<br />Property owned by SPRR for recharge, augmentation and wildlife purposes
<br />subject to the terms and conditions herein.
<br />3. Lower shall pay all costs and fees for the lift station, pipelines, valves, buried
<br />eiectrical lines, recharge ponds and other infrastructure, and associated
<br />permitting, adjudications, construction, maintenance, repairs and operation costs
<br />forthe HRWP.
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