Laserfiche WebLink
�M 36 �: FEB 2 6 1981_ BOOK <br />F56=�c313 <br />record,-rf eff o clock <br />Recept;on No. +Z9 M LDRED ALSDORF, RECORDER <br />WATER LEASE <br />t,. pity_ �1ani r <br />THIS LEASE, dated as of October 22, 1980, is between <br />the EXXON CORPORATION and THE OIL SHALE CORPORAT13N, as <br />participant owners in the Colony Shale Oil Project ("Owners") <br />and the STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, <br />MINED LAND RECLAMATION BOARD (the "State"). <br />IN CONSIDERATION of the issuance of Mi'n WLand <br />"Reclamation Board Permit No. 80-47 (the "Permit") and the fact <br />that this Lease is being given in lieu of a cash bond to <br />provide water for reclamation purposes, Owners and the State <br />agree as follow:\ <br />1. LeaSd Water. The Owners hereby lease to the <br />State, subject to the restrictions provided in Section 4 below, <br />the right to divert, store and use the following described <br />water rights located in Garfield County, Colorado: <br />(a) 15 cfs of the Dow Pumping Plant and <br />Pipeline conditionally decreed for a total <br />of 178 cfs, with a January 24, 1955 appro- <br />priation date and a November 10, 1956 <br />adjudication date, for industrial, mining, <br />retorting, refining, power, domestic and <br />all other uses necessary and related to the <br />production of shale oil and its <br />by-products, the source of which is the <br />Colorado River. <br />(b) Davis Gulch Reservoir conditionally <br />decreed for 204 acre feet, with a <br />September 15, 1959 appropriation date and a <br />November 10, 1966 adjudication date, for <br />irrigation, mining, retorting, refining, <br />power, domestic and all other uses <br />necessary or related to the production of <br />shale oil and its by-products, the source <br />of which is Davis Gulch, a tributary of the <br />Middle Fork of Parachute Creek, as <br />subsequently enlarged to a total capacity <br />of 1200 acre feet conditional by decree <br />entered in the District Court in and for <br />Water Division No. 5, State of Colorado, in <br />Case No. 79CW378 on August 12, 1980. <br />The above described water rights are hereinafter <br />referred to as the "Leased Water." <br />2. Term. (a) The term of this Lease shall be for a <br />period of 5 years from the date ( i ) the Owners are in default <br />insofar as they have failed to carry to completion their <br />1 <br />