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Lease of Excess Augmentation Credits <br /> Th|awater|easeisbymndbetweenAggm8aie|ndusLhes-WCR, |nc("A|")andDucklenEqu|pmentCo, |nc <br /> (~8udk|en°),sometimes collectively referred toas"the Parties". <br /> WHEREAS Bucklen operates a gravel pit Substitute Water Supply Plan (SWSP)for the Bucklen Pit approved <br /> by the Division of Water Resources in accordance with C,R.S.§37-90-137(11);and <br /> WHEREAS under conservative assumptions the 2U21 SVVSP approval for the BucNen Pit 5VVSPprojects <br /> that the Bucklen Pit SWSP will have excess augmentation credit totaling 57.34 acre-feet during the 2021 plan <br /> approval period;and <br /> WHEREAS Al operates a combined substitute supply plan (CoSSP)for its various gravel pits approved by <br /> the Division of Water Resources inaccordance with [.R.S. §37q0-137(11);and <br /> WHEREAS the Al CoSSP may require additional augmentation credit during the 2021 irrigation season; <br /> NOW THEREFORE, in consideration mf the foregoing, itis agreed oafollows: <br /> 1. 8ucWen will lease to A[as needed any excess augmentation credit it has available during the2U]1 <br /> irrigation season according to the Bucklen Pit SWSP monthly accounting submitted to the Division of <br /> Water Resources, The amount of excess augmentation credit that will be available during the 2021 <br /> irrigation season is currently estimated 10 equal the values below: <br /> 2. The water leased to Ai is for the exclusive use by Al and shall not be leased or conveyed to others except <br /> 6y written permission from BucNen. <br /> ]. The cost of the lease water shall be$100(ONE HUNDRED DOLLARS)per acre-foot. The volume of water <br /> leased by Al each month will be reported to Bucklen within thirty days of the close of that month. <br /> Payment will be made by Al within thirty days following the end of the 2021 irrigation season for all water <br /> leased. This payment shall be nonrefundable and is not contingent upon Al's actual usage of the water. <br /> DATED this \ day wf January, 2021. <br /> Aggregate{ndustr|es-VVCR,Inc. Bucklen Equipment Company, Inc. <br /> Signature: Signature: <br />