2014-11-25_HYDROLOGY - M1977098 - Laserfiche WebLink

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1VEST DIVIDE WATER CONSERVANCY DIMICT WATER ALLOTMENT CONTRACT Name of Arj)iicaiit:. Lafarge West, Inc. 29.1 acre -feet Quuntity of Wafer in Acre Feel: °.:crttr6ct R090521LW(a) Map #614 Date Activated 5/21/09 Applicant, hereby applies to the Weal Divide Water Conservancy District, a political subdivision of the Stale of Colorado, organized pursuant to and existing by virtue of C.R-S. 1973, Section 37.45 -101, e e , (hercinafier referred to as the "District ") ruran allonuent contractt obeneficiallyandper petuallyusewaleronvalerrightsowned ,l eased, or bereafter acquired by the District. By executionofthisContma l and the attached Application, Applicant hereby agrees to the following lenns and conditions: 1, Water Rights: Applicant shall own water rights at the point of diversion herein !awfully entitling App licanl to divert water, which will be supplemented and augmented by water leased herein. IfApplicanl intends to divert Through a welt, it must he understood by Applicant Thai no right to divcn exists until a valid well permit is obtained from The Colorado Division of Wafer Resources. • , 2. Q n v: Water applied for by the Applicant in the amount set forth above shall be diverted al Applicant's point of diversion from the District's direct flow walerrights, and when water is unavailable for diversion pursuant to administration by the Colorado Slate Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up To said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct Qow, storage or otherwise, to lire Applicant by the District will be limited by tbepriodly of theDistrict's decrees and by thcpbysical and legal availability oftvattr from District's sources. Any quantity allotted will only beprovided so long as water is available and the Applicant fully complies with all of the Ierms and condil ions of this Contract. The District and the Applicaut recognize that some of Ilse DistriG's decrees may be in -the name of the Colorado River Water Conservatiou District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. Ifni anytime the Applicant determines it requires less water Than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. t 3. Brneficial Use and location of Beneficial IT= Any and all naterallotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial ust from Alsbury Reservoir and except to The extent that Ruedi Reservoir water may not be available for commercial as that tennis defined on Page 5 of Cobtract No. 2- 07- 70- WO547 between the United States and the West Divide Water Conservancy District). Applicant' irbaieficialpseofapynndalltvaler allotted shall be within or through facilities orlipon land owned, leased, operated, or under Applicant's cbotrol. 4. Decrees and Delivery: Exchange releases made by the District out of storage Ijom Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of tho District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release" or del iyery of water at such outlet or points shall constitute performance oftheDistric!'s total obligation. Delivery ofwaterbythepislricl from RuediReservoirorGreen :i i