2021-06-01_HYDROLOGY - M2004031

• Permit No: M2004031
• IBM Index Class Name: Hydrology
• Doc Date: 6/1/2021
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

DocuSign Enivelople I C35D63D,2-4FE5-4371-83F3-2360618DEED,B
FIRST AMENI)MENTTO WATER LEASE
THIS FIRST AMENDMENTTO WATER LEASE is entered into this 14th day of
Janual-Y 2020, between the City of Westminster ("Westminster"), lessor,and Aggregate
Industries-WCR, Inc., a Colorado corporation("Al"),, lessee,(collectively,the"Parties").
WHEREAS, Westminster and Al are parties to an Agreement dated October 24, 2000,
(the"Storage Agreement"), as amended on February 10, 20101,whereby Al is mining gravel
deposits from certain lands located near Wattenberg,Colorado and, upon completion ofmining,
is constructing a water storage reservoir for Westminster on said lands;
WHEREAS, in connection with the Storage Agreement, the Parties entered into a Water
Lease agreement dated March 4, 2010, concerning Westrn inster's 1.038 shares in the Brighton
Ditch, (the"BDC Shares"), identified as Stock Certificate Numbers 228 and 229 (the ",Water
Lease");
WHEREAS, pursuant to the terms ofthe Water Lease, Westminster leased its BBC.
Shares,to A I;
WHEREAS, during the term of the current Water Lease, Westminster's BBC Shares
were the subject of a change of water right decree issued on July 2, 2018 in Case No.
16CW3186;
WHEREAS,the current Water Lease will expire under its own terms no later than
March 4, 2020; and,
WHEREAS,the Parties desires to extend the term of the Water Lease and amend it
consistent with this First Amendment to Water Lease ("'First Aniendment").
NOW THEREFORE,the Parties agree as follows:
I. Paragraph 2 of the Water Lease is amended by deleting the entire paragraph and
replacing,it with the following:
2 Al agrees to put the water derived from the BDC 97ares to
"beneficial use" as that term is defined under Colorado Water Low, and will take
no action that would constitute an abandonment of the BBC Shares or otherwise
jeopardize the historical consumptive use associated with the BDC Shares, Al
further agrees that its use of tine 11DC,5hares shall be in compliance with the terms
and conditions t?j'lhe change Ql'use decree issued in Case No. JKV3186 During
the term ()J' this lease, AI shall be responsible fi)r satisfying all return flo-tv
obligations and maintaining required accounting injbrmation associated with its
use qflhe BDCahares in accordance with the terms qfsaid decree. To this endAI
willpromptlyprovide Westminster with monthly,accounting inforinalionfor its use
of the BDC .5hares so Westminster can timely incorporate the information into
Westminster's accountingsubmillals to the .51ale and Division Engineer. Al shall
I