2018-08-30_HYDROLOGY - M2017032 (2)

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Water Trade Agreement -4N This Agreement ("Agreement") is made thisZi day of FebrucL. . 2018, by and between the City of Aurora, Colorado, a Colorado municipal corporation of the counties of Adams, Arapahoe, and Douglas, acting by and through its Utility Enterprise ("Aurora") whose address is 15151 East Alameda Avenue, Suite 3600, Aurora, Colorado 80012, and Chris Tomky, whose address is 20330 County Rd CC, Rocky Ford, CO 81067. Aurora and Chris Tomky are each referred to herein as a "Party" and together as the "Parties". Witnesseth WHEREAS, Aurora has multiple sources of Arkansas River Basin fully consumable water stored in the Colorado Canal System, including in Meredith Reservoir; and, WHEREAS, to make its water stored in the Colorado Canal System and Meredith Reservoir available to its residents and customers, Aurora must first exchange this water upstream on the Arkansas River to Twin Lakes Reservoir when said exchange is in priority and there is sufficient exchange potential, for subsequent transport through the Otero Pump Station to the South PIatte River Basin; and, WHEREAS, Chris Tomky is a private individual who has ownership of seventeen and forty-five hundredths (17.45) shares of Twin Lakes Reservoir and Canal Company, including Twin Lakes Reservoir storage associated with those shares (all seventeen and forty-five hundredths (17.45) shares and approximately nineteen and one-quarter acre-feet of associated storage hereinafter collectively referred to as the "Twin Lake Shares"); and, WHEREAS, Chris Tomky has a need for a water supply in the lower Arkansas River Basin and desires use of Aurora's fully consumable water stored in the Colorado Canal System, released from Meredith Reservoir; and, WHEREAS, the Parties wish to trade use of each other's water rights for a period of time, with Aurora having use of the Twin Lakes Shares and Chris Tomky having use of thirty-five (35) acre-feet of Aurora's fully consumable water available in Meredith Reservoir (all thirty-five (35) acre-feet is hereinafter referred to as the "Meredith Reservoir Water"); and, WHEREAS, this Agreement will be of mutual benefit and convenience to each of the Parties, and, NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: