1998-10-15_REVISION - M1985026

• Permit No: M1985026
• IBM Index Class Name: Revision
• Doc Date: 10/15/1998
• Doc Name: APPLICATION FOR SUBSTITUTE SUPPLY PLAN FOR CHALLENGER PIT DMG M85-026
• From: TUTTLE APPLEGATE INC
• To: STATE ENGINEERS OFFICE
• Type & Sequence: AM1
• Media Type: D
• Archive: No

period. If the maximum allowable delivery under tt is Lease is
not requested by Lessee in any month, the right of essee to call
for the delivery of such water shall lapse and all uch water
shall remain the sole property of the City.
4 . In supplying the Leased Water pursuant to this Lease,
the City may use any water, including, but not limi ed to the
following sources of water which may be used to extinction (the
"Fully Consumable Water") :
a. Native water from the Big Thompson R ver- basin
which, when stored within the City's reservoir
system, may be totally consumed purs ant to the
terms and conditions of the Decree f r Change of
Water Rights for the City of Lovelan , dated June
18, 1985, Case No. 82-CW-202A, Water Court
Division One, State of Colorado or s sequent
actions; and
b. Water under an Allotment Contract with the
Municipal Sub-District of the Northexn Colorado
Water Conservancy District (the "Nor ern
District") , commonly known as Windy p Water; and
C. Any water subsequently acquired by t City and
determined by Water Court Decree to b totally
consumable.
S . The City shall have the right to deliver t e Leased
Water to Lessee from any of the sources of Fully Con umable
Water, at the City' s sole discretion, and shall have the right to
determine if any or all of the Leased Water shall be first use
water or subsequent use water. The City shall never be required
to deliver first use water, even if it is the only F lly
Consumable Water available to meet the terms of this Lease. In
the event the only water available to the City to me t the terms
of this Lease - is first use Windy Gap Water and the C ty is
willing to deliver such first use water, the City sh 11 notify
the Lessee prior to delivering such water and the Le see shall
have the option to accept the first use Windy Gap Wa er and pay
the costs of delivering such water pursuant to the t rms of
paragraph 6 of this Lease. In the event the Lessee r fuses to
accept the delivery of the first use windy Gap Water, the City
shall be deemed to have met its obligations under this Lease,
until such time as a source of Fully Consumable Wate other tha
first use Windy Gap Water, becomes available.