2008-03-24_HYDROLOGY - M1974069

• Permit No: M1974069
• IBM Index Class Name: HYDROLOGY
• Doc Date: 3/24/2008
• Doc Name: Substitute water supply plan
• From: DWR
• To: Bishop-Brogden Associates, Inc
• Permit Index Doc Type: Hydrology Report
• Email Name: ESC
• Media Type: D
• Archive: No

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' recognize ithat, simultaneously with the execution of this Lease,;
the City h~~s leased the right to receive one hundred acre feet of
its. Fully Consumable Water to Coulson Excavating Company and that .~
the City m~~y, in the future, lease additional portions of its
Fully Consumable Water to persons other than Lessee. The
Lessee's right to receive two hundred acre feet of the City's
Fully Consumable Water pursuant to this Lease shall be equal to
the right of Coulson Excavating Company to receive its one
hundred ac~:e feet of Fully Consumable Water such that in the
event less than three hundred acre feet of Fully Consumable Water
is available in any year, Lessee and Coulson Excavating Company
shall each be entitled to receive a proportionate share of the
available F?ully Consumable Water. The right of Lessee to receive
two hundreci acre feet of the City's Fully Consumable Water under
this Lease shall be deemed to be a first right relative to all
others, such that in the event the available Fully Consumable .
Water in arty year is in excess of three hundred acre feet but is
not sufficient to meet the needs of all persons holding leases of
Fully Consumable Water, Lessee shall receive up to its entire two
hundred acx-e feet allotment from the first three hundred acre
feet of Fully Consumable Water available.
3. I:n consideration of the right to receive the Leased
Water, Lesa~ee shall, upon execution of this Lease, pay City the
sum of Four Hundred Forty Thousand and 00/100 ($ 440,000.00)
Dollars in certified funds. By entering into this Lease with the
Lessee, the. City is and shall be under no obligation to file an
application. for a change of water rights or for a plan of
augmentation concerning the use of the Leased Water by the
Lessee.
The City shall not be responsible for the implementation of
any temporary substitute supply plan or augmentation plan
concerning the use of the Leased Water. The cost and expense of
any such proceeding shall be that of the Lessee. The City agrees
to furnish sufficient Leased Water so that, subject to the
provisions of this Agreement, the net usable first use or
subsequent use water obtained by the Lessee shall be 200 acre
feet. The City shall not be obligated to deliver Leased Water to
Lessee unless Lessee shall have first provided written notice to
the City that Leased Water will be required in a given year by
April 1 of the preceding year.
The Ci~~y shall deliver the Leased Water under this Lease in
a total annilal quantity as specified by the Lessee and at
specific mo~ithly delivery times and in specific monthly
quantities ~~ccording to the evaporation table, attached hereto as