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WATER LEASE AGREEMENT <br /> Bernhardt Aggregate Mine <br /> THIS AGREEMENT made and entered into this day of �2014, by and between the <br /> Groundwater Management Subdistrict(GMS) of the Central Colorado Water Conservancy District, <br /> hereinafter referred to as"lessor", and Bestway Concrete&Aggregates, hereinafter referred to as <br /> "Lessee" <br /> WITNESSETH: <br /> WHEREAS, Lessor has storage and direct flow water rights in the Big Thompson basin. Lessee has a <br /> Substitute Water Supply Plan (SWSP)filed with the State Engineer pursuant to 37-92-308(4) C,R.S. <br /> WHEREAS, Lessor desires to lease to Lessee 19.08 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 19.08 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 19.08 acre <br /> feet for delivery April through December 2014. Parties agree to the monthly delivery schedule <br /> as follows: <br /> Jan Feb Mar Apr May Jun Jul Aug Sep ' Oct Nov Dec Total <br /> ---- ---- -------- —- - - ----- <br /> 0 0 0 0.5 2.04 2.72 3.29 3.27 2.74 2 29 1.64 1.09 19.08 <br /> 3.Lessee shall pay Lessor$5,724($300/AF• 19.08 AF)on or before May 30, 2014. <br /> 4. Parties agree that this Agreement is for water delivery of 19.08 acre feet from April through <br /> December 2014 and shall immediately terminate January, 2015. <br /> 5. 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 /> 6. this agreement Is binding upon the parties. <br /> 7. Bestway may not assign or transfer this agreement to another party. <br /> WITNESS WHEREOF, lessor and lessee have caused this Water Lease Agreement to executed. <br /> Dated the day and year first executed above. <br /> L QtA <br /> Randy W. Ray, CCWCD Executive Director Bestway Concr e &Aggregate <br />