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1. Platte River will lease to Bucklen a portion of its current balance in Fossil Creek <br />Reservoir, a quantity of approximately 4.8 acre -feet in November 2013, 3.7 acre -feet in <br />December 2013, 2.9 acre -feet in January 2014, 3.0 acre -feet in February 2014, and 3.7 <br />acre -feet in March 2014 for a total of 18.1 acre -feet of reusable water ( "Subject Water "), <br />to be delivered from Fossil Creek Reservoir. This release will be coordinated by the <br />Poudre River Water Commissioner with review and concurrence by North Poudre. <br />The Poudre River Water Commissioner will determine the actual amount of Subject <br />Water presently held by Platte River in the Fossil Creek Reservoir that is delivered to <br />Bucklen and payment will be made on the actual amount delivered or deliverable. <br />2. The water is subject to availability. Platte River will make reasonable efforts to <br />provide Subject Water; however, Platte River shall only be required to make available <br />to Bucklen quantities of water which Platte River determines to be surplus to its own <br />needs. <br />3. The Subject Water leased to Bucklen is for the exclusive use by Bucklen and shall not <br />be leased or conveyed to others except by written permission from Platte River. <br />4. The cost of the Subject Water shall be $300 (THREE HUNDRED DOLLARS) per acre - <br />foot. Payment will be made by Bucklen thirty (30) days from the date of billing, but in <br />any event prior to the release of Subject Water. Payment shall be nonrefundable and <br />not contingent upon whether the Subject Water is actually released or used by <br />Bucklen, so long as Platte River either delivered or was ready to deliver the Subject <br />Water. Platte River shall provide written notification to Bucklen of any variation to the <br />amount of water available relative to the lease quantities listed in Paragraph 1 (above), <br />prior to each lease month. Platte River shall refund Bucklen $300 per acre -foot for any <br />Subject Water that was not made available to Bucklen during the term of the lease. <br />5. The Delivery Point of Subject Water leased to Bucklen shall be the outlet of Fossil <br />Creek Reservoir. Bucklen shall bear any losses associated with conveyance of the <br />water from the Delivery Point to any location where Bucklen may use the water. All <br />releases from Fossil Creek Reservoir are subject to weather conditions. <br />6. Platte River makes no warranties concerning the quality of the leased water, nor the <br />purposes for which the Subject Water is suitable. <br />7. This instrument represents the complete agreement of the Parties and no oral <br />modification shall be recognized. Any amendments or additions shall be in writing. <br />8. The terms and provisions of this lease are binding upon the Parties, their successors <br />and assigns. <br />9. The Water Lease shall be effective upon the date shown below. <br />DATED this li� day of November, 2013. <br />PLATTE RIVER POWER 1AUTHORITY BUCKLEN EQUIPMENT COMPANY, INC. <br />By: <br />GW4al Manager s <br />�, a <br />