2017-01-23_PERMIT FILE - M1980244

• Permit No: M1980244
• IBM Index Class Name: PERMIT FILE
• Doc Date: 1/23/2017
• Doc Name: Adequacy Review Response
• From: Newmont
• To: DRMS
• Type & Sequence: AM11
• Email Name: TC1
• Media Type: D
• Archive: No

AGctli EIS®ED AND RESTATED
APPLICATI•N FOR USE OF WATER
OJOTSODE CORPORATE LIMITS
(CM(OF VICTOR CC&V)
THIS AMENDED AND RESTATED APPLICATION FOR USE OF WATER
OUTSIDE THE CORPORATE LIMITS ("Application") is made and entered effective the
-'may of/41/ 'c' 'i , 2016 ("Effective Date"), by and between the City of Victor("Victor")
and the Cripple Creek&Victor Gold Mining Company, a Colorado joint venture("CC&V"),
Victor and CC&V shall be referred to herein collectively as, the "Parties" or individually
as, a "Party".
ECITALS
WHEREAS, the Parties entered into that certain Application for Use of Water
Dated June 4, 1999 ("Original Application") and the Operating and Maintenance
Agreement dated August 1, 1999 ("OMA") for the sale, purchase and transport of water;
and
WHEREAS,the Application has been amended and supplemented pursuant to the
following agreements:
a. 2006 Amendment;
b. 2008 Amendment;
c. 2010 Amendment; and
d. Supplemental Water Supply Agreement dated November 20th, 2003
and executed on February 4, 2004("Supplemental Agreement") (the
Original Application,the 2006 Amendment and the 2010 Amendment
and the Supplemental Agreement referred to herein collectively as
the"Victor Agreements"); and
WHEREAS, in addition to the above referenced agreements CC&V has entered
into that certain Agreement for Lease of Water with the City of Cripple Creek ("Cripple
Creek")executed effective January 1, 2015 ("Cripple Creek Lease"); and
WHEREAS, pursuant to the Cripple Creek Lease, Cripple Creek has agreed to
lease annually 250 acre feet of water to CC&V, of which 172 acre feet are delivered first
to Victor for subsequent sale to CC&V("Transferred Water"); and
WHEREAS, the sale of the Transferred Water is managed pursuant to a separate
agreement by and between Victor and Cripple Creek; and
WHEREAS, the Parties and Cripple Creek have agreed that the price CC&V pays
Cripple Creek and Victor per acre feet of water should be consistent("Consistency"); and
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