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1.840 Grant Street, #150 <br />Denver, Colorado 80203 <br />(303) 298-8803 <br />Fowler I Schimberg I Flanagan I McLetchie' <br />A COLORADO LITIGATION FIRM <br />Jim Sittner, Project Manager <br />L.G. Everist, Inc. <br />Mountain Division <br />7321 East 88th Avenue, Suite 200 <br />Henderson, CO 80640 <br />December 22, 2016 <br />Michael C. Refer <br />Environmental and Land Services Regional <br />Manager <br />Aggregate Industries — WCR, Inc. <br />1687 Cole Boulevard, Suite 300 <br />Golden, CO 80401 <br />Re: AI's Lease of Water from LGE's Star Reservoir <br />Gentlemen: <br />At the request of Mike Refer with A[ and Jim Sittner with LGE, I am writing this letter to <br />memorialize the terms of a short term option and lease of storage water that AT needs from LGE's <br />Star Reservoir. Please review it and if it is consistent with your discussions, please execute a copy <br />and return it to me and 1 will see that both of you have signed copies for your respective files. <br />Al is in need of as much as 32 acre-feet of replacement water for its annual S W SP during <br />the remainder of 2017. LGE is willing to provide up to 32 acre-feet in that time frame by making <br />releases from its Star Reservoir to the Cache la Poudre River on the following terms and <br />conditions. <br />AGREEMENT <br />1. Option Payment: Upon execution of this letter agreement, AI will pay Oor <br />'Wivered <br />o purchase up to 32 acre-feet of storage water from LGE's Star Reservoir. This total <br />ll be non-refundable but will be a credit at the rate of er acre-foot for any water <br />n or before December 31, 2017. <br />2. Deliveries: LGE agrees to allow Al to make deliveries to the Cache la Poudre <br />Reservoir from its West Storage Cell of the Star Reservoir located in the SE'/. of the SW'/, of <br />Section 26, Township 6 North, Range 66 West in the City of Greeley, County of Weld (shown as <br />the West Reservoir on the attached aerial photograph). Any releases from the reservoir will be via <br />a submersible pump and all releases scheduled for a specific month will be made as a single <br />continuous release during normal business hours on Monday through Friday. <br />3. Amount: LGE is only responsible to deliver up to a maximum of 32 acre-feet from <br />its Star Reservoir for the benefit of AI and any such releases need to be made on or before <br />December 31, 2017 when this Agreement terminates. <br />TIMOTHY J. FLANAdAN <br />Direct: (303) 288-9323 <br />t-flELnagan@fsf-law.com <br />