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I <br />WATER LEASE AGREEMENT <br />THIS AGREEMENT is made and entered into tiris 5 rrr day of i1Q/~ <br />1989, by and between DARRELL W. CAF11LLtTT1 and KAIHLf!€(J <br />. CAMILLETTI, whose address is Post Office Box Y, Hayden, Colorado 81639, <br />as LESSORS, and PEABODY COAL COMPANY, a De]aware Corporation, whose <br />address is 1300 South Yale, Flagstaff, Arizona 86001, as LESSEE. <br />RECITALS <br />A. Lessors are the owners of the following storage reservoirs and <br />decreed water rights: <br />(1) John C. Temple Reservoir No. 1, decreed June 24, 1416 for <br />24,110,460 cubic feet of water for irrigation purposes out oP Temple <br />Gulch in former Water District No. 57 with an appropriation date of <br />December 11, 1903; <br />(2) Emrich Reservoir, decreed June 29, 1915, fer 18,?37,1r?r~ <br />cubic feet of water for irrigation purposes out of Templr~ Geri%h surd <br />Emrich Gulch in former Water District No. 57 with an appropriation <br />date of September 16, 1911; <br />which are hereinafter referred to as "the Reservoirs" or "the `ubject <br />Water Rights," as the case may be. <br />S B. Lessors and their predecessors in title Crave historically used <br />the subject water rights for the irrigation of lands in Sections 21, 22, <br />27, 28, 31 and 33, Township 6 North, Range 88 West, 6th P.h1., Routt <br />County, Colorado. <br />C. Lessee is engaged in planning and developing the Seneca II-41 <br />Mine, a surface coal mine to be located in Township 5 North, Range 88 <br />West, fith P.M., Routt County, Colorado. <br />D. Lessee desires to lease from Lessors water from the Subject <br />Water Rights to be used in a Plan for Augmentation for the Seneca II-W <br />Mine. <br />NOW THEREFORE, for and in consideration of the Recitals and the <br />following covenants, Lessors and Lessees hereby agree and .contract as <br />follows: <br />1. Lessors hereby lease to Lessee, and Lessee Irerehy leases from <br />Lessors, 54.4 acre feet of water per year from the Subject Water Rights <br />and Reservoirs. <br />2. The term of this agreement sfrall conn»ence upon execution hereof, <br />and shall end on December 31, 2021. Lessee shall crave the right to <br />terminate this agreement prior to the end of its term, by providing <br />Lessors with 3U days written notice. <br />-1- <br />16-1-35 <br />