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XHIBI <br />WATER LEASE <br />This Water Lease Is made and entered Into this day of MAf, c: 20th by and <br />between THE CITY OF THORNTON, a Colorado municipal corporation, ("Thornton"), as Lessor <br />and AGGREGATE INDUSTRIES —WEST CENTRAL REGION, INC., ah 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 consideration for this Water Lease, Lessee is simultaneously selling and <br />transferring 3.0 shares In the Colorado Agricultural Ditch Company (Certificate number L0.0m to <br />Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights dated <br />u a-< M_ . 200 ' <br />NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND <br />OP 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, subject to termination only In <br />the event that Lessee, its helrs or assigns notify Thornton in writing that It no longer has any use <br />for, and no longer desire to use the fully consumable water. <br />2. 00,11deration. As consideration for this Water Lease, Lessee Is slmul(aneously <br />selling and transferring 3.0 shares In the Colorado Agricultural Ditch Company (Certificate number <br />ov ) to Thor ton pursuant to the Agreement for the Purchase, Sate and Lease of Water Rights <br />dated I I i 200g.—As consideration for the 3.0 Colorado Agricultural Shares, <br />Thornton agrees to permanently lease and provide for Lessee's use the following amount of <br />fully consumable water delivered by Thornton to the South Platte River from any fully <br />consumable water rights owned by Thornton. The rate, period and location of water delivery are <br />set forth below. <br />a) Delivery Period apg Rate. Thornton shall deliver fully consumable water at a rate of <br />0.035 o.f.s.1day 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 <br />