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<br />AGREEMENT
<br />1. PARTIES: This Agreement is made and entered into this jj, day of ,
<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 RESERVOIR COMPANY, a
<br />mutual company, (hereinafter referred 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 Park County,
<br />Colorado. To assure that sufficient water can be available for the Clare Gravel Pit, associated with
<br />Lessee's operation, the Lessee seeks to lease replacement water on an interim basis.
<br />Lessors are the owners of the following water rights:
<br />MADDOX RESERVOIR
<br />The Maddox Reservoir is located in the NE1/4 SWl/4, Section 22, Township 7 South, Range
<br />73 West of the 66 P.M. in Park 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 NE 1/4 SE 1/4 SW 1 /4, Section 22, Township 7 South, Range 73 West of the 6a' 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 %s, Section 21,
<br />Township 7 South, Range 732 West of the 6a' 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 6a' 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. 2003CW238.
<br />MACK DITCH NO.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 Park
<br />County on May 22, 1913 in the amount of 1.0 cubic-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'h 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 NO.2 DITCH
<br />The Nickerson No. 2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage
<br />EXHIBIT "A'''
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