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Water Trade Agreement <br /> 4P <br /> This Agreement("Agreement")is made this OL day of�P—bruw,+,, 2018,by and between the City <br /> of Aurora, Colorado, a Colorado municipal corporation of the counties of Adams, Arapahoe, and <br /> Douglas, acting by and through its Utility Enterprise ("Aurora") whose address is 15151 East <br /> Alameda Avenue,Suite 3600,Aurora,Colorado 80012,and Chris Tomky,whose address is 20330 <br /> County Rd CC,Rocky Ford,CO 81067. Aurora and Chris Tomky are each referred to herein as a <br /> "Party" and together as the"Parties". <br /> Witnesseth <br /> WHEREAS,Aurora has multiple sources of Arkansas River Basin fully consumable water <br /> stored in the Colorado Canal System, including in Meredith Reservoir; and, <br /> WHEREAS, to make its water stored in the Colorado Canal System and Meredith <br /> Reservoir available to its residents and customers, Aurora must first exchange this water upstream <br /> on the Arkansas River to Twin Lakes Reservoir when said exchange is in priority and there is <br /> sufficient exchange potential, for subsequent transport through the Otero Pump Station to the <br /> South Platte River Basin; and, <br /> WHEREAS, Chris Tomky is a private individual who has ownership of seventeen and <br /> forty-five hundredths(17.45)shares of Twin Lakes Reservoir and Canal Company,including Twin <br /> Lakes Reservoir storage associated with those shares (all seventeen and forty-five hundredths <br /> (17.45) shares and approximately nineteen and one-quarter acre-feet of associated storage <br /> hereinafter collectively referred to as the "Twin Lake Shares"); and, <br /> WHEREAS,Chris Tomky has a need for a water supply in the lower Arkansas River Basin <br /> and desires use of Aurora's fully consumable water stored in the Colorado Canal System,released <br /> from Meredith Reservoir; and, <br /> WHEREAS, the Parties wish to trade use of each other's water rights for a period of time, <br /> with Aurora having use of the Twin Lakes Shares and Chris Tomky having use of thirty-five (35) <br /> acre-feet of Aurora's fully consumable water available in Meredith Reservoir(all thirty-five (35) <br /> acre-feet is hereinafter referred to as the "Meredith Reservoir Water); and, <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to each of the <br /> Parties,and, <br /> NOW THEREFORE, for and in consideration of the mutual promises and covenants <br /> contained herein, and other good and valuable consideration, the adequacy and sufficiency of <br /> which are hereby acknowledged, the Parties hereby agree as follows: <br /> I <br />