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Lease of Excess Augmentation Credits <br /> This water lease is by and between Holcim-WCR,Inc.("Holcim")and Bucklen Equipment Co.,Inc.('Bucklen"), <br /> sometimes collectively referred to as"the Parties". <br /> WHEREAS Bucklen operates a gravel pit Substitute Water Supply Plan(SWSP)for the Bucklen Pit approved <br /> by the Division of Water Resources in accordance with C.R.S.§37-90-137(11);and <br /> WHEREAS under conservative assumptions the 2024 SWSP approval for the Bucklen Pit SWSP projects <br /> that the Bucklen Pit SWSP will have excess augmentation credit during the 2024 plan approval period;and <br /> WHEREAS Holcim operates a combined substitute supply plan(CoSSP)for its various gravel pits approved <br /> by the Division of Water Resources in accordance with C.R.S.§37-90-137(11);and <br /> WHEREAS the Holcim CoSSP may require additional augmentation credit during the 2024 irrigation <br /> season; <br /> NOW THEREFORE,in consideration of the foregoing,it is agreed as follows: <br /> 1. Bucklen will lease to Holcim as needed any excess augmentation credit it has available during the 2024 <br /> irrigation season according to the Bucklen Pit SWSP monthly accounting submitted to the Division of <br /> Water Resources. The amount of excess augmentation credit that will be available during the 2024 <br /> irrigation season is currently estimated to equal the values below: <br /> .... .�..... _ ... <br /> Month Air-24 May-24 Jun-24 Jul-24 Au 24 Sep-2 4 Oct 24 Total <br /> Estimated Excess ac ft Estim 5.21 13.00 11.73 12.21 12.23 10.50 6.93 71.82 <br /> 2. The water leased to Holcim is for the exclusive use by Holcim and shall not be leased or conveyed to <br /> others except by written permission from Bucklen. <br /> 3. The cost of the lease water shall be$100(ONE HUNDRED DOLLARS)per acre-foot. The volume of water <br /> leased by Holcim each month will be reported to Bucklen within thirty days of the close of that month. <br /> Payment will be made by Holcim within thirty days following the end of the 2024 irrigation season for all <br /> water leased. This payment shall be nonrefundable and is not contingent upon Holcim's actual usage of <br /> the water. <br /> DATED this day of, 2023. <br /> Holcim-WCR,Inc. Bucklen Equipment Company,Inc. <br /> Signature: Signature: W a <br /> / w <br /> d <br /> Date: Date: <br />