2019-07-01_HYDROLOGY - M2000041

• Permit No: M2000041
• IBM Index Class Name: HYDROLOGY
• Doc Date: 7/1/2019
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Annual Report Year: 2019
• Email Name: JPL
• Media Type: D
• Archive: No

REeEf VED
MAY 232019
WATER RE,So11ES
RC WATER LEASE AGREEMENT STATE EN(3 URC
rM Coto
NEER
This Water Lease Agreement is made and entered into this day of January,
2019, by and between Lessor Stonewall Water, LLC, 2920 N. Academy Blvd., Ste 200.,
Colorado Springs, CO $0917 (hereinafter "Stonewaill and Lessee Arkansas
Groundwater Users Association, and/or assigns, P.O. Box 11446 Pueblo, CO 81001
(hereinafter"AGUA").
WITNESSETH:
WHEREAS, this Agreement pertains to a lease of certain of the 3,333 total
shares in the Excelsior Irrigating Company(hereinafter the"Excelsior Shares").
WHEREAS, AGUA owns 1,792 of the Excelsior Shares or a 53.765 percent
interest (the "AGUA Shares") and Stonewall owns 1,541 of the Exoelslr Shares or a
46.235 percent interest(the"Stonewall"Shares'.
WHEREAS, AGUA is a water users association in the Arkansas River basin
who's organizational purpose is to obtain and provide augmentation water for its
members to allow them to pump ground water considered tributary to the Arkansas
River.
WHEREAS, AGUA's member wells operate under an annually approved
replacement plan approved by the State Engineer.
WHEREAS, in Case Number 04CW62, District Court, Water Division 2
(hereinafter "Change Case"), the parties hereto, or their predecessors in interest,
adjudicated a change in use of all the water associated with the Excelsior Shares to
include augmentation uses. The purpose of the Change Case was to allow AGUA to
use the Excelsior Ditch Water as an augmentation supply in its replacement plans.
WHEREAS, the parties have jointly filed an application with the Division 2 Water
Court for storage of the historical consumptive use components of the changed
Excelsior Ditch Water for purposes which include augmentation, in Case No.
16CW3093. While AGUA is a co-Applicant in Case No. 16CW3093, AGUA has not to
date acquired any interest in the Stonewall Springs Reservoir Complex, as described in
that application.
WHEREAS, Stonewall has also applied for a plan for augmentation in pending
Case No. 16CW3094, Water Division No. 2, utilizing the Stonewall Shares as a source
of augmentation supply, including through its membership in AGUA and as a result of
the lease described herein.
WHEREAS, Stonewall desires to lease up to the entirety of the Stonewall
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