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CMS 62167 <br /> EXHIBIT F—WATER REQUIREMENTS AND LIMITATIONS <br /> The following are the understandings and agreements of the Parties as to the specifics of water use and ownership <br /> on the Leased Premises. <br /> 1. Water Available to the Lessee <br /> A. Lessee is solely responsible for providing for any and all water required by Lessee for domestic, <br /> industrial,and commercial uses(hereafter,collectively or individually,"Water Use'D at the Leased <br /> Premises. <br /> B. Lessor shall allow Lessee to seek and gain well permits and augmentation plans(administratively <br /> approved or otherwise)to allow Lessee to access the water it needs for its Water Use at the Leased <br /> Premises. <br /> L Lessee may apply for and attain permitting of a commercial exempt well for its Water <br /> Use and Lessor shall cooperate in such,to the extent Lessor can within its limitations <br /> as an executive branch agency of the state of Colorado without resulting in injury to its <br /> interests as solely determined by Lessor. <br /> ff. Augmentation water required for Lessee's Water Use at the Leased Premises shall be <br /> from a source other than the water rights owned and historically used in Chaffee <br /> county by DOC. DOC shall retain its right to respond to an administrative approval or <br /> enter into any water case involving Lessee's plans for augmentation of depletions <br /> associated with Lessee's operations at the Leased Premises;but,shall not oppose <br /> Lessee's application,beyond submitting a Statement of Opposition for the purpose of <br /> monitoring and reaching a final stipulation consistent with Lessor's interest,unless <br /> Lessor reasonably perceives potential injury to its water rights. Lessee shall submit its <br /> plan for augmentation and engineer's opinion of non-injury to DOC,prior to submittal <br /> to the Office of the State Engineer in Division 2 or advertisement as a precedent to <br /> filing Lessee's plan in water court. <br /> C. Lessee shall transfer any water-related improvements and associated permits,in ownership or <br /> assigned,as appropriate,to DOC upon termination of the Lease. <br /> 2. Water Owned by Lessor <br /> A- owned Water <br /> DOC owns,and has historically used,water decreed as follows(hereafter,"Historic Water")on the <br /> Leased Premises. <br /> L Trout Creek Ditch company <br /> iL Helena Ditch <br /> B. Continued usage <br /> Lessee shall maintain in use the Historic Water associated with historically irrigated lands on the <br /> Leased Premises to the extent possible for the Term of the Lease. When and if such continued <br /> historic use is no longer possible,due to conflicts with the Lessee's Development Plan,Lessee <br /> shall use the Historic Water associated with the Leased Premises on other decreed lands consistent <br /> with decreed water rights use,timing,amounts,and locations. Lessee shall use and apply Historic <br /> Waters only with the knowledge and consent of the Office of the State Engineer in Division 2,and <br /> Lessee shall provide the State Engineer's written consent to the DOC prior to proceeding to operate <br /> in such manner. <br /> L For the original Leased Premises(Exhibit A),Lessee shall assume all surface property <br /> not associated with the county road,was historically irrigated as a hay crop and late <br /> season pasture,by use of flood irrigation. <br /> iL For expansion of the Leased Premises(Exhibit B),Lessee shall consult with DOC <br /> Facility Management Services,CCi,and the Buena Vista Correctional Complex to <br /> determine the source,location,usage,and amount of irrigation water that would <br /> displaced. <br /> C. On-going operations <br /> Lessee shall not interrupt Lessor's continued use of its water rights outside of the Leased Premises, <br /> including existing lateral ditch conveying Helena and Trout Creek ditch water across,through,or <br /> Exhibit F-1 <br /> N -a75 <br />