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WATER LEASE AGREEMENT <br />Shores Aggregate Mines <br />THIS AGREEMENT made and entered into this day of 2014, by and between the Well <br />Augmentation Subdistrict (WAS) of the Central Colorado Water Con ervancy District, hereinafter <br />referred to as Lessor ", and Bestway Concrete & Aggregates hereinafter referred to as "Lessee ". <br />WITNESSETH: <br />WHEREAS, Lessor has decreed storage rights in Shores Reservoir in Case No. OOCW083 and decreed <br />direct flow water rights In Case No. 01CW255 and other decreed water rights which may be available. <br />Lessee has a substitute Water Supply Plan (SWSP) filed with the State Engineer pursuant to 37 -92- <br />308(4) <br />C R.S. for augmentation of gravel pit operations at the Shores Reservoir facility. <br />WHEREAS, Lessor desires to lease to, Lessee 42.36 acre feet and Lessee desires to lease the same. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, it Is <br />agreed as follows* <br />1. Lessor shall lease 42.36 acre feet to Lessee for use in Lessee's SWSP. <br />2. The parties agree that the volume of water to be leased under this agreement totals 42.36 acre <br />feet for delivery from April 2014 to December 2014 Parties agree to the monthly delivery schedule as <br />follows: <br />Ja0n I Feb I Mar rr t Apr 1 5.22 14 95 5.08 5.09 4.97 Oct <br />15 _4 93 4D97 42.36 <br />3. Lessee shall pay Lessor a total of $12,708.00 ($300 1AF • 42.36 AF). Lessee shall pay Lessor by May <br />30`h 2014 in full. <br />4. Lessee is responsible for any and all coordination and approvals with the Water Commissioner <br />regarding delivery and accounting under this agreement. <br />5. In the event that Lessor is required to provide operational staff on a daily basis to deliver water <br />under this Agreement, Lessee agrees to pay Lessor for any and all staff time and any necessary <br />equipment or materials provided (owned or rented) by Lessor to deliver the water under this <br />Agreement. <br />6. Lessee has the option to install temporary pumps, at Lessee's sole cost, into any of the Shores <br />Reservoirs (Pond A, B, C) to accomplish the delivery of water under this agreement) provided <br />Lessor and Water Commissioner approve of the operation prior to installation of any pump or <br />associated equipment. Lessee agrees to immediately remove any such equipment that may be <br />installed and restore the banks of the reservoir if required by Lessor. <br />7. Parties agree that this Agreement is for water delivery of 42.36 acre feet from January 2014 to <br />December 2014 and shall immediately terminate December 31, 2014. <br />8. This Agreement represents the complete agreement of the parties and no oral modification <br />shall be recognized. Any amendments or additions to the Agreement shall be made in writing <br />and shall be signed by the parties hereto. <br />9. This agreement is binding upon the parties. <br />10. Lessee may not assign or transfer this agreement to another party. <br />WITNESS WHEREOF, Lessor and Lessee have caused this Water Lease Agreement to be <br />executeddated the day and year first executed above. <br />o. <br />Randy W. Ray, CCWCD Executive Director Bestway Concr e & Aggregate <br />