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AUGMENTATION WATER LEASE AGREEMENT <br /> BETWEEN <br /> THE UNITED WATER AND SANITATION DISTRICT <br /> and <br /> READY MIXED CONCRETE COMPANY <br /> THIS LEASE AGREEMENT, entered into on this day of May, 2023, with an effective date <br /> of July 1, 2023 (the "Effective Date"), is between the UNITED WATER AND SANITATION <br /> DISTRICT ("United"), and READY MIXED CONCRETE COMPANY ("RMCC"). United and <br /> RMCC will be collectively referred to herein as the "Parties." <br /> RECITALS <br /> A. United is a Water and Sanitation District organized, existing and operating pursuant <br /> to the Special District's Act, C.R.S. 32-1-101, et seq. <br /> B. RMCC a trade name of Brannan Sand and Gravel Company,L.L.C.,registered with <br /> Colorado Secretary of State, Business Division. <br /> C. United is a Lessee of augmentation water in the form of recharge accretions from <br /> the Haren Recharge Facility, water stored in the 70 Ranch Reservoir, or water stored in Milliken <br /> reservoir. The locations of each facility and the points of replacement to the South Platte River are <br /> depicted in Exhibit 1. <br /> E. RMCC requires water to augment stream depletions to St. Vrain Creek from mining <br /> operations at the Nix Gravel Mine. <br /> F. This Lease will provide RMCC with up to 97.1 acre-feet of augmentation water <br /> replaced to the South Platte River above the location of the calling water right in effect at the <br /> confluence of St. Vrain Creek with the South Platte River. <br /> LEASE AGREEMENT <br /> NOW THEREFORE, for and in consideration of the following covenants, terms and conditions, <br /> and in full consideration of other conditions as hereinafter set forth, it is hereby agreed by and <br /> between United and RMCC as follows: <br /> 1. Leased Amount and Sources: United agrees to lease to RMCC up to a total of <br /> ninety-seven and one tenth (97.1) acre-feet of water for augmentation of stream depletions due to <br /> gravel mining and operations at the Nix Gravel Mine. Augmentation water may be made available <br /> from the following sources. <br /> Augmentation Water Lease Agreement <br /> Page 1 of 11 <br />