Laserfiche WebLink
Attachment 1 <br />WATER LEASE AGREEMENT <br />This Water Lease Agreement is made and entered into this B ay of fV h <br />2017 by and between the Lessor Arkansas Groundwater Users Association and or <br />assigns P O Box 11446 Pueblo GO 81001 hereinafter AGUA and Lessee All Rite <br />Paving Redi Mix Inc 30783 East Hwy 50 La Junta GO 81050 hereinafter ALL RITE <br />PAVING <br />WITNESSETH <br />WHEREAS this Agreement pertains to a lease of 28 AF of fully consumable <br />water delivered to the Arkansas River by means of recharge ponds located on the <br />Excelsior Ditch <br />WHEREAS ALL RITE PAVING may have a need to lease up to 28 acre feet of <br />fully consumable water for the time period starting April 1 2017 and ending March 31 <br />2018 <br />WHEREAS ALL RITE PAVING is currently developing its own augmentation <br />supply which may decrease its need to lease augmentation water from AGUA <br />NOW THEREFORE in consideration of the mutual promises contained herein <br />and other good and valuable consideration the receipt and sufficiency of which is <br />hereby acknowledged the parties agree as follows <br />1 Lease AGUA hereby leases up to 28 AF of fully consumable water delivered to <br />the Arkansas River by means of recharge ponds located on the Excelsior Ditch <br />2 Term The term of this lease between AGUA and ALL RITE PAVING shall <br />commence on April 1 2017 and shall continue in full force and effect through March 31 <br />2018 Any water not delivered by March 31 2018 will revert back to AGUA There shall <br />be no automatic extensions of this lease or any right hereunder unless the parties enter <br />into a written renewal or extension agreement AGUA shall have no obligation for <br />delivery of water either for direct use or to cover post plan depletions after March 31 <br />2018 as part of this agreement <br />3 Rentals The rental payment obligation from ALL RITE PAVING to AGUA shall <br />consist of ALL RITE PAVING paying to AGUA 325 per AF of fully consumable water <br />The amount actually purchased shall be determined based on records from the <br />Colorado Division of Water Resources All water provided by AGUA sources used to <br />cover depletions from North River Pit during the term of this lease shall count against <br />this lease The 28 acre feet will be billed on a monthly basis if and when it is used to <br />cover North River Pit depletions