2018-11-07_HYDROLOGY - M1982131 - Laserfiche WebLink

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RECEIVED SEP 05 2018 WATER LEASE wprER RESOURCES ENGfNEER COLO THIS WATER LEASE is by and between Bucklen Equipment Company, Inc. ("Bucklen") and Platte River Power Authority ("Platte River") (collectively referred to as"the Parties"). WITNESSETH WHEREAS, Platte River is a party to an"Agreement for the Reuse of Water for Energy Generation" among the City of Fort Collins ("the City"), Water Supply and Storage Company, and Platte River dated August 10, 1978 ("Reuse Agreement");and WHEREAS, the Reuse Agreement,among other things, conveys to Platte River the right to receive reusable water delivered by the City;and WHEREAS,Platte River is also a party to an Agreement with the North Poudre Irrigation Company ("North Poudre") dated November 15, 1979 and amended on September 10, 2009 ("North Poudre Agreement"), which grants Platte River the right to convey waters through North Poudre's Fossil Creek Inlet and to temporarily store waters to which Platte River is entitled in North Poudre's Fossil Creek Reservoir; and WHEREAS, Platte River has determined that it has surplus reusable water above and beyond its current needs, which surplus may be stored in or delivered through Fossil Creek Reservoir;and WHEREAS, the Platte River Board of Directors, through the Water Resources Policy 1.0 dated December 8, 2016, has authorized the lease of reusable effluent for any unused water which Platte River may receive through the Reuse Agreement;and WHEREAS, Bucklen wishes to lease such water for delivery November 2018 to March 2019;and NOW THEREFORE,in consideration of the mutual promises and covenants of the Parties hereto, it is agreed as follows: 1. Platte River will lease to Bucklen a portion of its available reusable water (either currently stored in Fossil Creek Reservoir or delivered through Fossil Creek Reservoir), a quantity of approximately 4.3 acre-feet in November 2018, 3.3 acre-feet in December 2018, 2.6 acre-feet in January 2019, 2.6 acre-feet in February 2019, and 3.2 acre-feet in March 2019 for a total of 16.0 acre-feet of reusable water ("Subject Water"), to be delivered from Fossil Creek Reservoir. This release will be coordinated by the Poudre River Water Commissioner with review and concurrence by North Poudre.The Poudre River Water Commissioner will determine the actual amount of Subject Water presently held by Platte River that is delivered to Bucklen. 2. The water is subject to availability. Platte River will make reasonable efforts to provide Subject Water.