2009-04-03_HYDROLOGY - M1989029

• Permit No: M1989029
• IBM Index Class Name: HYDROLOGY
• Doc Date: 4/3/2009
• Doc Name: Combined Replacement Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Media Type: D
• Archive: No

EXHIBIT D
WATER LEASE
This Water Lease is made and entered into this day of NA.44C14 , 20(6 by and
between THE CITY OF THORNTON, a Colorado municipal corporation, rThornton"), as Lessor
and AGGREGATE INDUSTRIES - WEST CENTRAL REGION, INC., ah Indiana Corporation,
whose address Is 1707 Cole Boulevard, Suite 100, Golden, Colorado, 80401 ("Lessee").
WHEREAS, Thornton owns fully consumable water in Its municipal water system, which
water, may be delivered to the South Platte River; and
WHEREAS, Thornton desires to lease to Lessee and Lessee desire to lease from
Thornton a portion of Thornton's fully consumable water; and
WHEREAS, As consideration for this Water Lease, Lessee is simultaneously selling and
transferring 3.0 shares In the Colorado Agricultural Ditch Company (Certificate number Lam, to
Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights dated
sth.S &K k -L- . 200 ""
NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND
OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND, THE RECEIPT
AND ADEQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES
AGREE AS FOLLOWS:
1. Term. This Water Lease shall be a permanent lease, subject to termination only in
the event that Lessee, Its heirs or assigns notify Thornton In writing that It no longer has any use
for, and no longer desire to use the fully consumable water.
2. C d rat o As consideration for this Water Lease, Lessee is simultaneously
selling and transferring 3.0 shares in the Colorado Agricultural Ditch Company (Certificate number
vv to Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights
dated 1 i . 200r.-As consideration for the 3.0 Colorado Agricultural Shares,
Thornton agrees to permanently lease and provide for Lessee's use they following amount of
fully consumable water delivered by Thornton to the South Platte River from any fully
consumable water rights owned by Thornton. The rate, period and location of water delivery are
set forth below.
a) Delivery Period bad Rate. Thornton shall deliver fully consumable water at a rate of
0.035 c.f.s./day November 1 through March 31.
b) Location. Thornton agrees to deliver the fully consumable water to the South Platte
River in the reach from the outfall of the Metropolitan Wastewater Reclamation
District Central Plant to-the confluence of Big Dry Creek and the South Platte River,
but in any case above the calling right within that reach.

Exhibit D - Page 1