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b . <br /> WATER LEASE AGR1?EhMT <br /> THIS AGREEMENT is made and entered into as of this :2 3 day of <br /> No V-tM4 tit _, 2010, by and between the Board of Water Works of Pueblo, Colorado <br /> (hereinafter called"Board")and Front Range Aggregates,LLC(hereinafter Called"Lessee"}; <br /> WITNESSETH: <br /> WHEREAS, the water use which is the subject of the Agreement is of a type not <br /> normally within any regular rate schedule fixed by the Board;and.the parties mutually agree that <br /> the terms of lease and delivery of water for the purposes hereinafter set forth should be the <br /> subject of this special Agreement; <br /> WHEREAS, Lessee desires to procure raw water from the Board for replacement of <br /> depletions resulting from its gravel mining operations in Fremont County,Colorado. <br /> WHEREAS, the Board desires to supply raw grater to Lessee for Its use for these <br /> purposes. <br /> NOW, THEREFORE, for and in consideration of the mutual promises herein contained <br /> and the payments to be made hereunder,the parties hereto agree as follows: <br /> 1. Delivery of CQnsumable )hater. The Board agrees to deliver to Lessee at the Place of <br /> Delivery described In paragraph 4, transmountain water or other water totally consumable <br /> under Colorado law, including but not limited to, reusable return flows from transmountain <br /> water rights or other fully consumable water. <br /> 2. Delivgry of RawWater, The water to be delivered hereunder shall be raw,untreated water. <br /> 3. ChQice of Matey Source. The Board may make the actual delivery of water from the Board's <br /> stored water at Clear Creek Reservoir, Turquoise Reservoir, Twin Lake Reservoir, Pueblo <br /> Page I of 9 <br />