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

notice to Company): notice to Seller):
Ernest McLean Mehaffy, Brubaker& Ernst, LLC
Vice President and General Counsel 21 North 1st Avenue,Suite 290
Boral Industries, Inc. Brighton, Colorado 80601
200 Mansell Court East, Suite 310 Attn: Margaret Brubaker
Roswell,Georgia 30076 Fax: [phone]
Fax: [phone]
With Copy to (which shall not constitute
notice to Company):
Carver Schwarz McNab Kamper&
Forbes,LLC
1600 Stout Street, Suite 1700
Denver, Colorado 80202
Attn: Jeffrey W. Schwarz
Fax: [phone]
4.2 Covenant of Further Assurances. The Parties agree to execute and
deliver such other documents and perform such other acts as may be necessary or desirable to
carry out the purposes of this Lease and Operating Plan.
4.3 Binding Effect; Assignment. Except as otherwise specified herein, this
Lease and Operating Plan shall inure to the benefit of and be binding upon the Parties and their
respective successors and permitted assigns. Neither Party may assign its rights, duties or
obligations under this Lease and Operating Plan without the prior written consent of the other,
which consent may not be unreasonably withheld.
4.4 Entire Agreement; Severability. This Lease and Operating Plan
represents the entire agreement between the Parties relating to the subject matter hereof and
unless otherwise indicated supersedes all prior agreements, written or oral, among the Parties
regarding the leasing of water storage, the leasing of replacement water and operations related to
the diversion, release and measurement of leased water. The provisions of this Lease and
Operating Plan are severable, and in the event that any provision is held to be invalid or
unenforceable, the Parties intend that the remaining provisions will remain in full force and
effect to the extent possible and in keeping with the intent of this Lease and Operating Plan.
4.5 Interpretation. This Lease and Operating Plan shall be construed
according to the fair meaning of its language. The rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be employed in interpreting this
Lease and Operating Plan.
4.6 Governing Law. This Lease and Operating Plan is entered into and shall
be governed by, interpreted and construed in accordance with the laws of the State of Colorado.
4.7 Dispute Resolution. All disputes, differences and controversies arising
under or in connection with this Lease and Operating Plan which the Parties fail to resolve
among themselves within thirty (30) days following written notice of any such dispute,
8