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AGREEMENT <br />1. PARTIES: This Agreement is made and entered into this,', day of ~V , <br />2005, in duplicate counterpart originals, by and between A C CONCRETE & MATERIAL <br />COMMPANY, (hereinafter referred to as "the Lessee"), and NORTH FORK ASSOCIATES, LLC, a <br />Colorado Limited Liability Company and MOUNTAIN MUTUAL RESERVOIIZ COMPANY, a <br />mutual company, (hereinafter refereed to as "the Lessors"). <br />2. RECITALS AND PURPOSE: The Lessee proposes to satisfy the needs for <br />replacement water in the Twin Creek, tributary to the South Platte River, located in Pazk County, <br />Colorado. To assure that sufficient water can be available for the CIaze Gravel Pit, associated with <br />Lessee's operation, the Lessee seeks to lease replacement water on an interim basis. <br />Lessors aze the owners of the following water rights: <br />MADDOX RESERVOIR <br />The Maddox Reservoir is located in the NEl/4 SWl/4, Section 22, Township 7 South, Range <br />73 West of the 6a' P.M. in Pazk County. It was adjudicated on November 11, 1971 with an <br />appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, <br />domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the <br />Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River <br />in the NEl/4 SEl/4 SWl/4, Section 22, Township 7 South, Range 73 West ofthe 6s' P.M. <br />and decreed as an alternate point of diversion for the Slaght Ditch. <br />SLAGHT DITCH <br />The Slaght Ditch, with a South Platte Priority No. 241 and North Fork Drainage Priority No. 4 <br />has an appropriation date of May 1,1863 as adjudicated by the District Court for Park County <br />on May 22, 1913 in the amount of 2.0 cubic-feet-per-second. The headgate is located on the <br />North Bank of the North Fork of the South Platte River in the NE '/. SE '/., Section 21, <br />Township 7 South, Range 732 West of the 6'" P.M, This headgate is still used for irrigation of <br />the land North of Highway 285. in Case No. 82CW472 an alternate point of diversion was <br />established at the headgate of the Maddox Feeder Ditch in the NE '/. SE %., Section 21, <br />Township 7 South, Range 73 West of the 6'" P.M. Lessors interest in this right is 0.481 of a <br />cubic-foot-per-second which is quantified in Water Court Case No. Z003CW238. <br />MACK DITCH N0.2 <br />The Mack Ditch No. 2, with a South Platte Priority No. 243 and North Fork Drainage Priority <br />No. 6 has an appropriation date of May 1, 1863 as adjudicated by the District Court for Pazk <br />County on May 22,1913 in the amount of 1.Ocubfc-feet-per-second. The headgate is located on <br />the South Bank of the North Fork of the South Platte River in the NE '/, SE %., Section 21, <br />Township 7 South, Range 732 West of the 6'~ P.M. Lessors interest in this right is 0.44045 of a <br />cubic-foot-per-second which is quantified in Water Court Case No. 2003CW238. <br />NICKERSON N0.2 DITCH <br />The Nickerson No. 2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage <br />EXHIBIT "A" <br />