2016-02-01_HYDROLOGY - M1987049

• Permit No: M1987049
• IBM Index Class Name: Hydrology
• Doc Date: 2/1/2016
• Doc Name: Subsitiute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: TOD
• Media Type: D
• Archive: No

to administer and comply with the NTP Decree and the Bromley SWSP (if any, in the case of the
latter), not to exceed a total of 150 acre feet(the"Renewal Term").
1.2.1 RMCC's right to renew shall extend until the NTP Decree is
terminated by the Water Court, Water Division 1 and the Bromley SWSP is terminated
by the Colorado Department of Natural Resources,Division of Water Resources,
1.2.2 RMCC shall provide written notice to the City of its intent to
renew the Initial Term (and any subsequent Renewal Term) by no later than ninety (90)
days prior to the expiration of the Initial Term(or any subsequent Renewal Term).
1.3 Consistent with Paragraph 1.2 of the First Amendment, the lease rate for
the Reserved Water Storage shall be One Dollar($1) per year until February 5,2017,after which
date the lease rate for the Reserved Water Storage shall be Two Hundred Fifty Dollars($250)per
acre foot per year, which lease rate shall remain effective for the remainder of the initial Term,
after which time the lease price per acre foot of storage shall increase by 4% for every
subsequent 10-year period during any subsequent Renewal Term.
2. Lease of Replacement Water. For so long as RMCC is required to maintain the
Bromley SWSP the City shall lease to RMCC for that purpose, on an annual basis and on the
same or similar terms as the"Agreement Between the City of Brighton, acting by and through its
Water Activity Enterprise and Ready Mixed Concrete Company," dated November 1, 2010
(subsequently extended by the Parties effective December 17, 2013), an amount of water not to
exceed 250 acre feet per lease year at the rate of Three Hundred Fifty Dollars ($350) per acre
foot. This water shall be referred to herein as the "Lease Water". RMCC has represented to the
City, assuming the current level of demand for construction aggregate materials in the markets
RMCC serves from the Kenneth Mitchell Lakes properties, that the mining and reclamation
under the MLRB Permit may be completed by as soon as December 31,2016.
2.1 As provided in Paragraph L2 of the First Amendment, the City agreed to
forego receipt of payments from RMCC for the Lease Water in 2014 until such date that the
Second Closing was completed. The Parties acknowledge and agree that the Second Closing
was completed on March 14, 2014, which date shall serve as the start date for RMCC to make
lease payments to the City for replacement water for the 2014 lease year.
3. Operating Plan. The purpose of this Operating Plan is to address the
administration of the Reserved Water Storage and the Lease Water during the Initial Term and
during any subsequent Renewal Term. This Operating Plan shall run and be coincident with the
Initial Term and any Renewal Term and it shall remain effective until the NTP Decree is
terminated by the Water Court, Water Division 1 and the Bromley SWSP is terminated by the
Colorado Department of Natural Resources,Division of Water Resources.
3.1 The City shall take delivery of RMCC's 70 Fulton Ditch Shares and, as
directed by RMCC, provide all water diversions and measuring devices necessary to facilitate
RMCC's administration of the NTP Decree and Bromley SWSP. The following describes the
coordinated obligations of the Parties during the Initial Term and any Renewal Term as they
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