2014-04-02_HYDROLOGY - M1977151

• Permit No: M1977151
• IBM Index Class Name: HYDROLOGY
• Doc Date: 4/2/2014
• Doc Name: Substitute water supply plan
• From: Division Of Water Resources
• To: Applegate Group, Inc.
• Email Name: PSH
• Media Type: D
• Archive: No

Copy
1 Original to Records
1 Original to RM Hiner
WATER LEASE cc: Banks; Emslie
2/25/2014
THIS WATER LEASE is by and between R.M. Hiner Construction Co., Inc. ( "RM.
Hiner") and the Platte River Power Authority ( "Platte River") sometimes collectively referred
to as "the Parties ".
WITNESSETH
WHEREAS, Platte River is a party to an "Agreement for the Reuse of Water for Energy
Generation", ( "Reuse Agreement") among the City of Fort Collins ( "the City"), Water Supply
and Storage Company, and Platte River dated August 10,1978; and
WHEREAS, the Reuse Agreement; among other things, conveys to Platte River the
right to receive reusable water delivered by the City; and
WHEREAS, Platte River is a party to an Agreement ( "North Poudre Agreement") with
the North Poudre Irrigation Company ( "North Poudre") dated November 15, 1979 and
amended on September 10, 2009, which grants Platte River the right to convey wafters
through North Poudre's Fossil Creek Inlet and to temporarily store waters to which Platte
River is entitled in North Poudre's Fossil Creek Reservoir, and
WHEREAS, reusable water available to Platte River is used primarily for cooling
water for the Rawhide Energy Station, but Platte River may have, from time to time, surplus
reusable water temporarily available in Fossil Creek Reservoir; and
WHEREAS, the Platte River Board of Directors, in Resolution No. 13-12„ has
authorized the "lease or rent, for a berm up to one year, any unused water which Platte River
may receive through the Reuse Agreement to entities within the Colorado Water Court
Division 1:
(a) First, with equal priority, to the municipalities of Estes Park, Fort Collins,
Longmont and Loveland for their use or use in their wafter lease
programs;
(b) Second, to other entities within Colorado Water Court Division 1."; and
WHEREAS, R.M. Hiner wishes to lease such water for delivery November 2014 to
March 2015; and
WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont; and
Loveland have declined to lease this water pursuant to Resolution No. 13-12.
NOW THEREFORE, in consideration of the mutual promises and covenants of the
Parties hereto, it is agreed as follows: