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RCVD DWR <br /> 10/26/2021 <br /> WATER LEASE AGREEMENT <br /> Bernhardt Aggregate Mines <br /> THIS AGREEMENT made and entered into this . day of October,2021,by and between the Groundwater Management <br /> Subdistrict(GMS)of the Central Colorado Water Conservancy District,hereinafter referred to as"Lessor",and BurnCo Colorado <br /> LLC,hereinafter referred to as"Lessee" <br /> WITNESSETH: <br /> WHEREAS, Lessor has storage and direct flow water rights in the Big Thompson River basin. Lessee has a <br /> Substitute Water Supply Plan(SWSP)filed with the State Engineer pursuant to 37-92-308(4)C.R.S. <br /> WHEREAS,Lessor desires to lease to Lessee 14.56 acre feet and Lessee desires to lease the same. <br /> NOW,THEREFORE,in consideration of the mutual covenants and promises of the parties hereto,it is <br /> agreed as follows: <br /> 1. Lessor shall lease 14.56 acre feet to Lessee for use in Lessee's SWSP. <br /> 2.The parties agree that the volume of water to be leased under this agreement totals 14.56 acre <br /> feet for delivery January through December 2022.Parties agree to the monthly delivery schedule as follows: <br /> Jan Feb Mar _AErj May Jun Jul AugSep Oct Nov Dec Total <br /> 0.66 0.62 0.74 0.98 1 1.25 t 1.65 2.00 1.97 1.64 1.35 0.95 0.75 14.56 <br /> 3.Lessee shall pay lessor a total of$9,464($6501AF• 14.56 AF)due upon signing. <br /> 4. Parties agree that this Agreement is for the water delivery of 14.56 acre feet from January 2022 through December <br /> 2022 and shall immediately terminate December 31st,2022. <br /> 5.This Agreement represents the complete agreement of the parties and no oral modification shall be recognized.Any <br /> amendments or additions to the Agreement shall be made in writing <br /> and shall be signed by the parties hereto. <br /> 6.This agreement is binding upon the parties. <br /> 7. Burnco may not assign or transfer this agreement to another party. <br /> WITNESS WHEREOF,Lessor and Lessee have caused this Water Lease Agreement to be executed. <br /> Dated the day and year first executed above. <br /> Randy W.Ray,CCWCD Executive Director BurnCo Colorado LLC <br /> l <br />