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6ch P.M., approximately 2350 feet from the South section line and <br />1550 feat from the East section line; or on Plum Creek, at or below <br />the headgate of the Lower Plum Creek Ditch, located in the SWI, of <br />Section 28, Township 6 South, Range 68 West, 6th P.M., Douglas <br />County, Colorado; or at the point where, water from McLellan <br />Reservoir can be discharged by pipeline into the South Platte River <br />system; or at the point at which effluent is discharged to Marcy <br />Gulch from Centennial's Marcy Gulch Wastewater Treatment Plant; or <br />ac a combination of any such points; or by not requiring <br />augmentation water from Cooley sources above the Titan Road gage <br />located on Plum Creek under the circumstances described in <br />paragraph 4 below; or by a combination of the foregoing delivery <br />points and methods. Centennial may deliv(2r water hereunder to <br />other points on the South Platte River and its tributaries, <br />provided that Centennial and Cooley first agree in writing to such <br />other delivery points. The augmentation water -shall be deliverable <br />throughout the year as requested by Cooley pursuant to paragraph 5 <br />below. The points at which Centennial may deliver augmentation <br />water under this lease agreement are not dependent on the location <br />of Cooley's existing gravel mining operations. • Such delivery <br />points shall remain the same even if the location of Cooley's <br />gravel mining operations changes, unless the parties agree <br />otherwise in writing. <br />3. The water may be -delivered from any source available <br />to Centennial -which is legally adequate for augmentation purposes. <br />It shall be Cooley's responsibility to coordinate with the Colorado <br />Division of Water Resources or other appropriate entities and <br />agencies to obtain augmentation credit for the water. Centennial <br />makes no representations or warranties, express or implied, <br />regarding the quality of the augmentation water leased hereunder or <br />regarding Cooley's ability to make use of any of the augmentation <br />water leased hereunder in an augmentation program. <br />4. Centennial owns and uses water rights on Plum Creek <br />including without limitation the Lower Plum Creek Ditch water right <br />described in the decrees entered by the Division 1 Water Court in <br />Case Nos. W-6072, 85CW415, and 93CW177. Centennial expressly <br />reserves the right to place -a call against Cooley's gravel mining <br />oeerations on Plum Creek for the benefit of its Lower Plum Creek <br />Ditch priority and any of its other Plum Creek water rights that <br />are senior to Cooley's Plum Creek gravel mining operations. <br />Notwithstanding the foregoing, Centennial and Cooley agree that <br />when Centennial's Plum Creek water rights are the calling water <br />rights requiring augmentation water from Cooley, Centennial may, at <br />Cooley's discretion, satisfy its delivery obligation hereunder by <br />not requiring augmentation water from Cooley sources above the <br />Titan Road gage located on Plum Creek. If Cooley chooses not to <br />allow Centennial to satisfy_itsdelivery obligation hereunder by <br />2 <br />