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Appropriation Amount <br />Decree Date Source Cubic-Feet-Pa-Second) <br />Case No. 6832, Arapahoe County <br />District Court, Water Division 9 <br />February 4, 1884 December 1, 1861 Beaz Creek 12.33 <br />April 16, 1862 Turkey Creek 2.86 <br />October 31,1864 Beaz Creek 25.47 <br />Apri14, 1865 Bear Creek 11.49 <br />The water rights were originally decreed for irrigation uses. Iv11VIl2C owns 2.0 shazes of 160 <br />shazes issued and outstanding in the Warrior Ditch Company. <br />Pursuant to the Decree issued in Case No. 1994CW168, dated August 20, 1996, the historic <br />consumptive use associated with the Soda Lakes Reservoirs, Hamman Ditch and Warrior Ditch <br />(hereinafter referred to as "Bear Creek Rights' was quantified. <br />Lessors are willing to lease water to the Lessee on a temporary basis. It is understood that the <br />replacement water will be delivered at the confluence of the confluence ofDeer Creek and the North <br />Fork of the South Platte River, the North Fork of the South Platte River in Section 22, Township 7 <br />South, Range 73 West and/or the confluence of Beaz Creek and Turkey Creek in the Bear Creek <br />Lake. <br />3. AGREEMENT FOR THE LEASE OF WATER: In considerationofthecovenants <br />and ageements of the Lessors and the payments to be made by the Lessee, Lessors agree to lease <br />water to the Purchaser pursuant to the following terms and conditions: <br />a. Quantity of Water: Pursuant to this Agreement, the Lessee shall be entitled to <br />annually receive 3.0 acre-feet of water which Lessors presently own and control as <br />set forth in Paragraph 2 above. Lessee has the option of ]easing an additiona12.0 <br />acre-feet pursuant to the terms below. <br />b. Compensation to Lessors: As compensation for the leaseofwaterasdescribed <br />herein, the Lessee agees to pay to the order of North Fork Associates, $4,500 <br />($500.00 per acre foot per yeaz) for 3.0 acre-feet of water, upon both parties <br />signing this agreement. <br />c. Term of Water Lease: The effective date of the Agreement shall be the date of <br />the Office of the State Engineer's approval of a Substitute Water Supply Plan. <br />The Agreement shall expire three yeazs from that date. Subject to NFA's <br />termination rights set out in Pazagraph No. 3(d), Lessee shall have the option of <br />leasing replacement water for two additional one yeaz periods. in order to exercise <br />the option to extend the lease beyond the initial term, Lessee shall provide NFA <br />with written notification of its intent to extend the term on or before the expiration <br />date and the a payment in the amount of $500.00 per year for each acre-foot of <br />replacement water which is leased during a subsequent one yeaz period. <br />d. Termination of Lease Option: In the event that NFA determines it does not have <br />sufficient surplus replacement water to accommodate Lessee's needs beyond the <br />initial term of this lease, NFA shall have the unilateral right to cancel the option <br />