2023-02-24_HYDROLOGY - M2004009 (2)

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LL Cityof 1488 1g2a D Louisville I Department of Public Works 13 COLORADO •SINCE 1882 February 6,2023 Daniel W. Hunt, President [via email] Asphalt Specialties Co.,Inc. 10100 Dallas St. Henderson, CO. 80640 Subject: Annual Lease of Reuse Water for TuMike Mining Resource, DRMS Permit No. M-2004- 009, Located in Weld County, Colorado Dear Mr. Hunt: This is to confirm our arrangement(this"Agreement")regarding the lease of fully consumable, reusable water("Leased Water") discharged to Coal Creek or alternate points in the Boulder Creek Basin by the City of Louisville(the"City")to be used by Asphalt Specialties Co., Inc. ("Lessee"), sometimes hereafter referred to as"Party" in the singular or"Parties"in the plural. BACKGROUND Pursuant to the terms and conditions of the decree entered in Case No. 92CW079, District Court, Water Division No. 1 (the"Decree"), the City can make additional and successive uses of its municipal return flow credits from the fully consumable portion of the City's decreed water rights upon approval by the Office of the State Engineer("SEO")prior to implementation. To obtain the necessary approval from the SEO for the Leased Water to be used by Lessee,the City submitted its request for a Substitute Water Supply Plan("SWSP")pursuant to C.R.S. § 37-92- 308(5) on November 29,2022 ("City SWSP"). The requested period of operation for the City SWSP is March 1, 2023 through February 28, 2024, Lessee intends to use the Leased Water for the purpose of replacing depletions to Boulder Creek in the amounts calculated in the SWSP for mining activities at the Turnpike Mining Resource - Colorado Division of Reclamation,Mining, and Safety(DRMS)Permit#: M-2004-009. Lessee will file with the SEO a request to renew its SWSP pursuant to C.R.S. § 37-92-308(5)by November 1, 2022 ("Lessee SWSP"). The requested period of operation for the Lessee SWSP is January 1,2023 through December 31, 2023. For and in consideration of the covenants provided for in this Agreement,the parties agree as follows: • 749 Main Street,Louisville,Colorado 80027 • P-(303)335-4608 F-(303)335-4550 • www.louisvilleco.gov 0