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6ch, P,.M. , approximately 2350 feet from the South section line and
<br /> 1550 feet om the East section line; or an Plum Creek, at or, below
<br /> the head gate of the Lower, Plum Creek Ditch, located in the swl,4 of,
<br /> Section 28, Township 6 South, Range 68 West, 6th P .M. , Douglas
<br /> county, Colorado; or at the point where, water from McLellan
<br /> Reservoir can be discharged by pipeline into the South Platte River
<br /> system; or at the point at which effluent is discharged to Marcy
<br /> Gulch from Centennial' s Marcy GtAlch Wastewater Treatment Plant ; or
<br /> at: a combination of any such points; or by not requiring
<br /> augmentation water from Cooley sources above the Titan Road gage
<br /> located an Plum Creek under the circumstances described, in
<br /> paragraph 4 below- or by a combination of' the foregoing delivery
<br /> points and methods . Centennial may delivur wat,er hereunder to
<br /> other points on the South Platte diver and its tribuLaries,
<br /> provided that Centennial and Cooley first agree in writ,ing to such
<br /> other delivery points . The augmentation water shall be deliverable
<br /> throughout the year as requested by Cooley pursuant to, paragraph, 5
<br /> below, The points at which Centennial may deliver augmentation
<br /> water under this lease agreement are not: dependent on the locaclon
<br /> of Cooley' s existing gravel mining operations. , Such delivery
<br /> points shall remain the same even if the location Of CooleY' s
<br /> gravel, mining operations changes, unless the parties agree
<br /> otherwise in writing.
<br /> 3 , The water may, °delivered from any source available
<br /> to Centennial which Is legally adequate for augmentation purposes ,
<br /> it, shall be Cooley" s resionsibility to colo °dimate with the Colorado
<br /> Division of Water Resources or othe-- appropriate ent4ties and
<br /> agencies to obtain augmentation edit for the water, Centennial
<br /> makes no repres ent at ions or warranties , express or implied,,
<br /> regarding the quality of the augmentation water leased, hereunder or
<br /> regarding 'Cooley' s abilLty to make use of any of the augmentation
<br /> water leased, heie uncle r in an augmentation program.
<br /> 4 . Centennial owns and uses water rights on Plum Creek
<br /> including, without limitation, the Lower Plum Creek Ditch water right
<br /> described in the decrees entered, by the Division 1 Water Court, in
<br /> Case Nos . W-607'2 , 85CW41S , and 93CW177. Centennial expressly
<br /> reserves the to to plac a call against Cooley' s gravel mining,
<br /> operations on Plum Creek for the beneAfit of its Lower Plum Creek
<br /> Ditch to and any of its other Plum Creek water rights that
<br /> are senior to Coo ley's Plum Creek gravel mining operat,ions .
<br /> No the foregoing, Centennial. and Co6ley agree that,
<br /> when Centennial' s Plum Creek water rights are the calling water
<br /> rights requiring augmentation water from Cooley, Centennial may, at
<br /> Cooley' s discretion, satisfy its delivery obligation hereunder by,
<br /> not requiring augmentation water from Cooley sources above the
<br /> Titan Road gage located on Plum Creek. if Cooley chooses not to
<br /> allow Centennial to satisfy its delivery obligation hereunder by
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