2017-06-20_HYDROLOGY - M2016080 - Laserfiche WebLink

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AGREEMENT 1. PARTIES: This Agreement is made and entered into this day of January, 2016, in duplicate counterpart originals, by and between BRANNAN SAND and GRAVEL COMPANY, (hereinafter referred to as "the Lessee"), and NORTH FORK ASSOCIATES, LLC, a Colorado Limited Liability Company and MOUNTAIN MUTUAL RESERVOIR COMPANY, a mutual company, (hereinafter referred to as "the Lessors"). 2. RECITALS AND PURPOSE: The Lessee proposes to satisfy the needs for replacement water in the Middle Fork of the South Platte River, located in Park County, Colorado. To assure that sufficient water can be available for Brannan Sand and Gravel Co., associated with Lessee's operation, the Lessee seeks to lease replacement water on an interim basis. Lessors are the owners of the following water rights: MADDOX RESERVOIR The Maddox Reservoir is located in the NEIA SWI/4, Section 22, Township 7 South, Range 73 West of the 6h P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NEIA SEI/4 SWI/4, Section 22, Township 7 South, Range 73 West of the 6'h P.M. and decreed as an alternate point of diversion for the Slaght Ditch. SLAGHT DITCH The Slaght Ditch„ with a South Platte Priority No. 241 and North Fork Drainage Priority No. 4 has an appropriation date of May 1, 1863 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 2.0 cubic -feet -per -second. The headgate is located on the North Bank of the North Fork of the South Platte River in the NE '/4 SE 1/4, Section 21, Township 7 South, Range 732 West of the 6`h P.M. This headgate is still used for irrigation of the land North of Highway 285. In Case No. 82CW472 an alternate point of diversion was established at the headgate of the Maddox Feeder Ditch in the NE '/4 SE '/4, Section 21, Township 7 South, Range 73 West of the 6`h P.M. Lessors interest in this right is 0.481 of a cubic -foot -per -second which is quantified in Water Court Case No. 2003CW238. MACK DITCH NO.2 The Mack Ditch No. 2, with a South Platte Priority No. 243 and North Fork Drainage Priority No. 6 has an appropriation date of May 1, 1863 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 1.0 cubic -feet -per -second. The headgate is located on the South Bank of the North Fork of the South Platte River in the NE '/4 SE '/4, Section 21, Township 7 South, Range 732 West of the 6'h P.M. Lessors interest in this right is 0.44045 of a cubic -foot -per -second which is quantified in Water Court Case No. 2003CW238.