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RCVD DWR <br /> 01/30/2023 <br /> WATER LEASE AGREEMENT <br /> Bernhardt Aggregate Mines <br /> THIS AGREEMENT made and entered into this 30 day of Jan.,20 23 , by and between the Groundwater Management <br /> Subdistrict(GMS)of the Central Colorado Water Conservancy District, hereinafter referred to as"Lessor", and BURNCO <br /> Colorado 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 2023. Parties agree to the monthly delivery schedule as follows: <br /> Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dec Total <br /> 0.66 0.62 1 0.74 1 0.98 1.25 1 1.65 2.00 1 1.97 1.64 1 1.35 1 0.95 0.75 14.56 <br /> 3. Lessee shall pay lessor a total of$11,648($8001AF• 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 through December 2023 <br /> and shall immediately terminate December 31st,2023. <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 Colorado, LLC 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 /> William Mihelich, CCWCD District Engineer BURNCO Col ado, LLC <br />