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EXHIBIT D <br />WATER LEASE <br />5 This Water Lease is made and entered Into this day Of.Mt3RC [+, 2046 by and <br />between THE CITY OF THORNTON, a Colorado municipal corporation, ("Thornton"), as Lessor <br />and AGGREGATE INDUSTRIES— WEST CENTRAL REGION, INC., an Indiana Corporation, <br />whose address Is 1707 Cole Boulevard, Suite 100, Golden, Colorado, 80401 ("Lessee"}. <br />WHEREAS, Thornton owns fully consumable water In its municipal water system, which <br />water, may be delivered to the South Platte River; and <br />WHEREAS, Thornton desires to lease to Lessee and Lessee desire to lease from <br />Thornton a portion of Thornton's fully consumable water; and <br />WHEREAS, As considerallon for this Water Lease, Lessee is simultaneously selling and <br />transferring 3.0 shares In the Colorado Agricultural Ditch Company (Cerlifleats number Std) toThorntonpursuanttotheAgreementforthePurchase, Sale and Lease of Water Rights dated <br />c.F : t "L.— 200r <br />NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND <br />Or THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND, THE RECEIPT <br />AND ADEQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES <br />AGREE AS FOLLOWS: <br />1. Term. This Water Lease shall be a permanent lease, sub)ect to termination only In <br />the event that Lessee, Its heirs or assigns notify Thornton in writing that it no longer has any use <br />Tor, and no longer desire to use the fully consumable water. <br />2, Con Ideratl . As consideration for this Water Lease, Lessee is simultaneously <br />selling and transferring 3.0 shares In the Colorado Agrioultural Ditch Company (Cedifloate number000) to Thornton pursuant to the Agreement for the Purchase, Sala and Lease of Water Rights <br />dated t 12 200'As consideration forthe 3.0 Cciorado Agrioulturai Shares, <br />Thornton agrees to permanently lease and provide for Lessee's use thQfoifowing amount of <br />fully consumable water delivered by Thornton to ifie South Platte River from any fullyconsumablewaterrightsownedbyThornton. The rete, parted and loaa4on of water delivery era <br />set forth below. <br />a) Delivery Period and Rate. Thornton shall deliver fully consumable water at a rate of <br />0.035 o.f.s.lday November 1 through March 31. <br />b) Location. Thornton agrees to deliver the fully consumable water to the South Platte <br />River in the reach from the outfall of the Metropolitan Wastewater Reclamation <br />District Central Plant to the confluence of Big Dry Creek and the South Platte River, <br />but in any case above the calling right within that reach. <br />Exhibit D — Page 1