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From:DOLORES WATER CONSERVANCY 970 565 0870 04/1612009 12:01 #025 P.003/004 <br />RECEIVED <br />APR 1 190x`4 <br />08/17/U'?TAURc s`? E? -IVUErr?cREs <br />.,7A"rE <br />AMENDED 04/16/09 +_ntp <br />AGREEMENT FOR USE OF DOLORES PROJECT WATER <br />TO AUGMENT DEPLETIONS UNDER THE DISTRICT'S <br />AUGMENTATION/EXCHANGE PLAN <br />IN CASE NO.95CW105 <br />THIS AGREEMENT, effective on the date of the last party to sign ("Effective Date"), is <br />executed between the DOLORES WATER CONSERVANCY DISTRICT, P.O. Box 1150, <br />Cortez, Colorado 81321 (the 'District"), and Four States Aggregate LLC, P O Box 1568, Cortez <br />CO 81321 ("Purchaser"), <br />RECITALS <br />A. Under Repayment Contract No. 7-07-40-WO470 with the United States ("Repayment <br />Contract"), the District is the operator of the Dolores Water Resources Development Project (the <br />"Project"). <br />B. Pursuant to C.R.S. §§ 37-45-131 and -118(l)(b)(1)(B), the District has authority to <br />sell, lease, or otherwise dispose of Project water within the District; <br />C. Purchaser has a valid Well Permit, Permit No. 057737F (the "Well Permit'D, for a <br />well ("Purchaser's Source") located on property as described in the Well Permit ("Purchaser's <br />Property"), Montezuma County Assessor's Parcel No(s) Section 22, T3 8N R. 14W, N.M.P.M., for <br />use for exposure of water in Gravel Pit ("Purchaser's Use") <br />OR <br />Purchaser applied for a water right in Case No. ("Water Right") for a <br />[springJsurface diversion/nondl ("Ptuchaser's Source"), located on property ("Purchaser's <br />Property") described as _ County Assessor Parcel No(s). <br />for ("Purchaser's Use'). <br />OR <br />Purchaser is using water for (".Purchaser's Use") on property <br />('Turchaser's Property") described as County Assessor Parcel No(s). <br />from ("Purchaser's Source"). . <br />D. Purchaser is in need of water to augment Purchasers Use pursuant to the District's <br />augmentation/exchange plan decreed in Case No. 95CW 105 ("E/A Plan"). <br />NOW THEREFORE, in consideration of the terms and conditions herein, the parties hereto agree <br />that the District will provide augmentation water for Purchaser's Use as follows: