2023-02-24_HYDROLOGY - M2004009 ‎(2)‎

• Permit No: M2004009
• IBM Index Class Name: Hydrology
• Doc Date: 2/24/2023
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

1) Term of Lease. Subject to SEO approvals described in paragraph 7,below,this
Agreement shall be effective for a 12-month period beginning on January 1, 2023 and
ending on December 31, 2023,
2) Good Faith Negotiations. The Parties hereto desire to discuss satisfactory terms to
make fully consumable,reusable water available to Lessee in future years and hereby
agree to negotiate in good faith to enter into future annual lease agreements, subject
to and in accordance with C.R.S. § 37-92-308.
3) Lease Price. Payment for the lease is$500 per acre-foot (AF)during the term of this
lease. The Replacement Schedule(as provided by Lessee) is attached showing the
delivery schedule of reuse water to be released by the City.Payment shall be due and
owing to the City upon execution of this letter for the lease of reusable water during
the term of this lease. The cost for the term of the lease has been calculated to be
$23,500.00.
4) Delive of Water. The City will deliver fully consumable, reusable water into the
Boulder Creek Basin at Louisville's discharge point on Coal Creek, or at other points
in the Boulder Creek Basin designated by the City and acceptable to the District 6
Water Commissioner to meet the requested needs of Lessee,per the Replacement
Schedule, attached.Notwithstanding any other provision in this Agreement,the
City's obligation to provide Leased Water to Lessee is expressly conditioned on the
legal and physical availability of reuse water under the City's decrees and water
rights and shall be subordinate to the City's water needs.
5) The fully consumable,reusable water can be provided from any of the City's decreed
water rights that contain fully consumable and reusable credits. Monthly deliveries
will be accounted for daily during the irrigation season and on the last day(s)of the
month during the non-irrigation season. Deliveries will be made in hundredths (0.00)
of an acre-foot increment. The City will provide the Lessee with monthly accounting
for the reuse water delivered to the system on behalf of the Lessee. Lessee is solely
responsible for meeting the terms, conditions and reporting requirements of the
Lessee SWSP.
6) Lessee is responsible for calculating transit losses, including transit losses in the
replacement schedule and for assuring delivery of the reuse water to the required
point of return.
7) State Engineer_ Approval. The Parties expressly acknowledge that SEO approval
pursuant to section 37-92-308, C.R.S, is necessary to put the Leased Water to the
intended use. Use of the Leased Water under this Agreement is expressly
conditioned on SEO approval of the City SWSP and the Lessee SWSP. All terms
and conditions of SEO approved SWSPs shall be incorporated into this Agreement.
a. The City is responsible for obtaining the approvals necessary to lease its fully
consumable effluent under the terms and conditions of the Decree. All expenses
associated with such approval(s), including engineering, legal and filing fees
associated with the City SWSP, will be the sole responsibility of the Lessee and
Lessee agrees to reimburse the City for such expenses actually incurred by the
City. The City will provide Lessee with a copy of any approvals.
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