2015-01-12_REVISION - M1985112 ‎(7)‎

• Permit No: M1985112
• IBM Index Class Name: Revision
• Doc Date: 1/12/2015
• Doc Name: New Amendment
• From: Loloff Construction, Inc.
• To: DRMS
• Type & Sequence: AM1
• Email Name: TAK
• Email Name: PSH
• Media Type: D
• Archive: No

11/19/2013 10:56 FAX [phone] Loloff Const Inc 00003/0008
WATER LEASE
THIS WATER LEASE is by and between Loloff Construction, Inc. ("Loloff") 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 ItTigation Company ("North Poudre") dated November 15, 1979 and
amended on September 10,2009,which grants Platte River the right to convey waters 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 term up to one year,any unused water which Platte River may receive
through the Reuse Agreement to entities within 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 water lease
programs;
(b) Second,to other entities within Colorado Water Court Division 1.";and
WHEREAS, Loloff wishes to lease such water for delivery January 2014 to December
2014;and
WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont, and
Loveland have consented 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: