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RECEIVED <br />NOV 2 0 2013 <br />WATER LEASE <br />tir "ti`P, t � r <br />s fAT E <br />THIS WATER LEASE is by and between Bucklen Equipment Company, Inc. <br />( "Bucklen ") and the Platte River Power Authority ( "Platte River ") sometimes collectively <br />referred to as "the Parties ". <br />WITNESSETH <br />WHEREAS, Platte River is a party to an "Agreement for the Reuse of Water for Energy <br />Generation ", ( "Reuse Agreement ") among the City of Fort Collins ( "the City "), Water Supply <br />and Storage Company, and Platte River dated August 10, 1978; and <br />WHEREAS, the Reuse Agreement, among other things, conveys to Platte River the right <br />to receive reusable water delivered by the City; and <br />WHEREAS, Platte River is a party to an Agreement ( "North Poudre Agreement ") with <br />the North Poudre Irrigation Company ( "North Poudre") dated November 15, 1979 and <br />amended on September 10, 2009, which grants Platte River the right to convey waters through <br />North Poudre's Fossil Creek Inlet and to temporarily store waters to which Platte River is <br />entitled in North Poudre's Fossil Creek Reservoir; and <br />WHEREAS, reusable water available to Platte River is used primarily for cooling water <br />for the Rawhide Energy Station, but Platte River may have, from time to time, surplus <br />reusable water temporarily available in Fossil Creek Reservoir; and <br />WHEREAS, the Platte River Board of Directors, in Resolution No. 13 -12, has authorized <br />the "lease or rent, for a tern up to one year, any unused water which Platte River may receive <br />through the Reuse Agreement to entities within Colorado Water Court Division 1: <br />(a) First, with equal priority, to the municipalities of Estes Park, Fort Collins, <br />Longmont and Loveland for their use or use in their water lease <br />programs; <br />(b) Second, to other entities within Colorado Water Court Division 1. "; and <br />WHEREAS, Bucklen wishes to lease such water for delivery November 2013 to March <br />2014; and <br />WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont, and <br />Loveland have consented pursuant to Resolution No. 13 -12. <br />NOW THEREFORE, in consideration of the mutual promises and covenants of the <br />Parties hereto, it is agreed as follows: <br />