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Lease of Excess Augmentation Credits <br />This water lease is by and between Aggregate Industries-WCR, Inc. ("Al") and Bucklen Equipment Co., Inc. <br />("Bucklen"), sometimes collectively referred to as "the Parties". <br />WHEREAS Bucklen operates a gravel pit Substitute Water Supply Plan (SWSP) for the Bucklen Pit approved <br />by the Division of Water Resources in accordance with C.R.S. §37-90-137(11); and <br />WHEREAS under conservative assumptions the 2018 SWSP request for the Bucklen Pit SWSP projects that <br />the Bucklen Pit SWSP will have excess augmentation credit totaling 62.2 acre-feet during the 2018 irrigation <br />season; and <br />WHEREAS Bucklen anticipates leasing 22.7 acre-feet of this credit to others in the 2018 irrigation season, <br />leaving additional excess augmentation credit available for lease; <br />WHEREAS Al operates a combined substitute supply plan (CoSSP) for its various gravel pits approved by <br />the Division of Water Resources in accordance with C.R.S. §37-90-137(11); and <br />WHEREAS the Al CoSSP may require additional augmentation credit during the 2018 irrigation season; <br />NOW THEREFORE, in consideration of the foregoing, it Is agreed as follows: <br />1. Bucklen will lease to AI as needed any excess augmentation credit it has available during the 2018 <br />irrigation season according to the Bucklen Pit SWSP monthly accounting submitted to the Division of <br />Water Resources. The amount of excess augmentation credit that will be available during the 2018 <br />irrigation season is currently estimated to equal the values below: <br />2. The water leased to Al is for the exclusive use by Aland shall not be leased or conveyed to others except <br />by written permission from Bucklen. <br />3. The cost of the lease water shall be 100 (ONE HUNDRED DOLLARS) per acre-foot. The volume of water <br />leased by AI each month will be reported to Bucklen within thirty days of the close of that month. <br />Payment will be made by Al within thirty days following the end of the 2018 irrigation season for all water <br />leased. This payment shall be nonrefundable and is not contingent upon AI's actual usage of the water. <br />DATED thisay of November, 2017. <br />Aggregate Industries-WCR, Inc. <br />Signature •—�-�` <br />Date: <br />Bucklen Equipment Company, Inc. <br />Signature: X0- + - <br />Date: <br />