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01/15/2015 14:10 9703530721 B KM -EN EQUIPMENT PAGE 02/02 <br />Lease of Excess Augmentation Credits <br />This water lease is by and between R.M. Hiner Construction Co., Inc. ("Hiner") and Bucklen Equipment <br />Co., Inc. ("Bucklen"), sometimes collectively referred to as "the Partles". <br />WHEREAS Bucklen operates a gravel pit Substitute Water Supply Plan (SWSP) for the Bucklen Pit <br />approved by the Division of Water Resources In accordance with C.R.S. 437-90-137(11); and <br />WHEREAS the approval for the Bucklen Pit SWSP, dated October 28, 2014, proJects that the <br />Bucklen Pit SWSP will have an excess of augmentation credit in the months of April through October <br />2015. <br />WHEREAS Hiner operates a gravel pit SWSP for the Greeley Pit approved by the Division of <br />Water Resources In accordance with C.R.S. 437-90-137(11); and <br />WHEREAS the request for the Greeley Pit SWSP Indicates that the Greeley Pit SWSP will have a <br />deficit of augmentation credit during the months of April through October 2015; <br />NOW THEREFORE, In consideration of the foregoing, it is agreed as follows: <br />1. To the extent the projected excess augmentation credits actually occur, Bucklen will lease to <br />Hiner the credit from the Bucklen Pit SWSP for use as a supplemental replacement source In the <br />Greeley Pit SWSP during the months of April through October 2015. <br />2. The water leased to Hiner is for the exclusive use by Hiner and shall not be leased or conveyed <br />to others except by written permission from Bucklen. <br />3. The cost of the lease water shall be $30 (THIRTY DOLLARS) per acre-foot actually utilized by <br />Hiner. Payment will be made by Hiner within thirty days following the month of use. This <br />payment shall be nonrefundable and is not contingent upon Hiner's actual usage of the water. <br />L <br />DATED this 151 day of January, 2015. <br />R.M. Hiner Construction Co., Inc. Bucklen Equipment Company, Inc. <br />cuQ) ° .� <br />Signature: � Signature: <br />Date:— �/ ��/�' – - Date.• <br />