2015-01-22_HYDROLOGY - M1980110

• Permit No: M1980110
• IBM Index Class Name: HYDROLOGY
• Doc Date: 1/22/2015
• Doc Name: Substitute Water Supply Plan
• From: DNR Water Resources
• To: Bishop-Brogden Associates, Inc.
• Email Name: TOD
• Media Type: D
• Archive: No

WATER LEASE AGREEMENT
E -470 Public Highway Authority Henderson Development
THIS AGREEMENT made and entered into this 22nd day of Sep. , 2014, by and between the Central
Colorado Water Conservancy District, hereinafter referred to as "Lessor ", and E -470 Public Highway
Authority, hereinafter referred to as "Lessee"
WITNESSETH:
WHEREAS, Lessor has entitlement to a certain quantity of reusable sewered return flows associated with
the City of Aurora's municipal water use. Lessee intends to request a Substitute Water Supply Plan
(SWSP) to be filed with the State Engineer pursuant to 37 -90- 137(11) C.R.S. to replace depletions
associated with Lessee's Henderson Development (a /k/a Sandy Acres Pit), DRMS Permit No. M1980110.
WHEREAS, Lessor desires to lease to Lessee 55.25 acre feet and Lessee desires to lease the same.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, it is
agreed as follows:
1. Lessor shall lease 55.25 acre feet to Lessee for use in Lessee's SWSP.
2. Lessor agrees to release and deliver the leased water at the primary outfall location of the
Robert W. Hite Treatment Facility (a/k/a Metro Wastewater Treatment Plant) to the South
Platte River. It shall be the responsibility of the Lessor to ensure that all water so released
and delivered on Lessee's behalf consists entirely of fully consumable reusable water legally
available for augmentation or replacement uses.
3. The parties agree that the volume of water to be leased under this agreement totals 55.25
acre feet for delivery October 2014 through May 2015. Parties agree to the monthly delivery
schedule as follows:
E -470's Sandy Acres Gravel Pit Augmentation Requirements, 2014 -2015 (acre -feet)
Oct
Nov
Dec
Jan
Feb
::Mar
6.25
Apr
1 6.25
I May
1.00
10.00
9.50
8.50
7.25
6.50
4. Lessor agrees to deliver the monthly volumes of water as indicated above on a continuous
basis from October 1, 2014 through May 31, 2015 at a daily rate equal to the indicated
monthly total volume divided by the total number of days in the month.
5. Lessor agrees to modify Lessor's water accounting as needed to incorporate the terms and
conditions of this lease. Lessor agrees to record or cause to be recorded in Lessor's water
accounting, in the records associated with the Robert W. Hite Treatment Facility, and in any
other records or accounting as may be required by the Division Engineer, the amount, time,
and character of all water delivered on behalf of Lessee pursuant to this agreement.
6. Lessee shall pay Lessor $30,000.00 by October 31, 2014.
7. Parties agree that this Agreement is for water delivery of 55.25 acre feet from October 2014
through May 2015 and shall Immediately terminate June 1, 2015.
8. This Agreement represents the complete agreement of the parties and no oral modification
shall be recognized. Any amendments or additions to the Agreement shall be made in writing
and shall be signed by the parties hereto.
9. This agreement is binding upon the parties.
10. E -470 Public Highway Authority may not assign or transfer this agreement to another party.
WITNESS WHEREOF, Lessor and Lessee have caused this Water Lease Agreement to be executed
dated the day and year first executed above.
Randy W. Ray, Executive Director , ;Jo n McCuskey, Executive ' ctor r, - 7 -/
Central Colorado Water Conservancy District E -470 Public Highway Authority