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February 29, 2016 (the "Renewed Coors Lease"). Applicant will not increase depletions beyond <br /> those supported by the existing Coors Lease until such time as the Renewed Coors Lease is <br /> effective. This source of replacement water is not permanent, and the availability of this water is <br /> subject to all terms and conditions of the Coors leases. Martin Marietta's right to use water <br /> under the Coors leases shall terminate contemporaneously with the expiration or termination of <br /> the Coors leases. Water under the current Coors Lease is delivered from October 1 through <br /> June 1. Water under the Renewed Coors Lease will be delivered year round in a manner <br /> consistent with the so-called "Cosmic Agreement" of May 23, 1988, between Coors, the City of <br /> Golden, the City of Thornton, and the City of Westminster. The water is measured by Coors and <br /> then released into Clear Creek at a point between McIntyre Street and Interstate 70, which is <br /> located approximately 3 miles upstream from the confluence of Clear Creek and Lena Gulch, as <br /> depicted on the attached Figure 1. The water released by Coors is subject to transit losses <br /> between the point of delivery and the point of depletion on Clear Creek, as assessed by the <br /> Division Engineer. The Renewed Coors Lease expires September 30, 2026, but may be <br /> terminated under certain circumstances by Coors and/or Applicant upon notice as described in <br /> paragraphs 5 and 14. Applicant shall provide notice no later than: (a) 120 days prior to the date <br /> that the Renewed Coors Lease will expire pursuant to Paragraph 1 of the Renewed Coors Lease; <br /> (b) 120 days prior to the date that the Renewed Coors Lease will terminate, if pursuant to <br /> Paragraph 14(a) of the Lease; (c) 10 days prior to the date that the Renewed Coors Lease will <br /> terminate, if pursuant to Paragraphs 5 and 14(c) of the Lease; or (d) 10 days after the date that <br /> the Renewed Coors Lease terminated, if pursuant to Paragraph 14(b) of the Lease. If an <br /> extension or renewal has been executed, then such extension or renewal shall be attached to the <br /> notice. Unless an extension or renewal has been executed, such notice shall include a one-year <br /> projection analysis. Applicant shall subsequently file an updated projection analysis on an <br /> annual basis no later than July 1 of each year until a new source of augmentation water is <br /> obtained. The projection will include the following information: (1) any lagged out-of-priority <br /> depletions from the Fenton Pit and winter return flows that may be out-of-priority during the <br /> next projection period; (2) the amount of anticipated future depletions calculated in accordance <br /> with the terms of this Decree; (3) the amount of replacement supplies reserved for augmentation <br /> and replacement during the projection year; (4) the amount of stored water reserved for <br /> augmentation and replacement during the projection year; (5) any remaining amounts available <br /> for Applicant's use under this Decree; and (6) any other pertinent information from Paragraph <br /> 26.1.2 of this Decree. <br /> Applicant will curtail its diversions in an amount not to exceed the maximum amount <br /> authorized under the Consolidated Decree unless Applicant obtains an alternative augmentation <br /> supply as described in Paragraph 6.4.3 of this Decree. <br /> (b) Coors Decrees for Leased Water. The replacement supplies provided under the <br /> Coors leases are described in the decrees entered in Consolidated Case Nos. W-8036(75) and <br /> W-8265(47), and Case Nos. 89CW234, 99CW236, and 96CWI117. The water supplied under <br /> the Coors leases must be consistent with the Court's August 27, 2015 Order on Rule 56(h) <br /> motions and may include transbasin, nontributary, and other sources expressly decreed as <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 9 <br />