2009-04-29_HYDROLOGY - M2001001

• Permit No: M2001001
• IBM Index Class Name: HYDROLOGY
• Doc Date: 4/29/2009
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: WHE
• Media Type: D
• Archive: No

From:DOLORES WATER CONSERVANCY 970 565 0870 04/1612009 12:01 #025 P.004/004
RECEIVED
APR 16 2000
,IVATER RESOURCE"
STATE ENGINEER
Note: Purchaser understands that there may be blank spaces in this Contract regarding r `'La
the amount of Purchaser's Water, Purchaser's Well Permit Number and the Maximum
Purchaser's Use which will be filled in by District staff after the issuance of Purchaser's
Well Permit or after consultation by District staff with staff of the Division of Water
Resources. I accept this Contract under these circumstances. 0? (Initial and date)
1. Term of Agreement. The parties intend that this Agreement be in effect in perpetuity,
unless sooner terminated under the terms and conditions of this Agreement.
Amount and Use of Purchaser's Water.
A. The District grants Purchaser the right, each year during the term of this Agreement,
to the amount of Project water necessary annually ("Purchaser's Water") to augment, under the
E/A Plan, depletions from the diversion/use of up to 2,147213.11 gallons (6.59 AF)
("Purchaser's Diversions") from Purchaser's Source, for Purchaser's Use on Purchaser's Property
from the point of diversion described in Purchaser's Application for Purchaser's Water. This
amendment to 6.59 AF based on Estimated Replacement Schedule provided 4/16/09 - Denise
Miller, CO Division of Water Resources.
B. Even if the permission documents for Purchaser's Source allow greater than the
amount of Purchaser's Diversions for Purchaser's Use, the restrictions of this Agreement
supersede those in any permit or water right for Purchaser's Use from Purchaser's Source. If the
restrictions in a permit/decree for Purchaser's Source are more severe than those included herein
and Purchaser wants to utilize Purchaser's Water to the full extent allowed hereunder, Purchaser
will need to obtain a new permit, decree or other permission for such expanded use of
Purchaser's Source.
C. If applicable to depletion calculations for Purchaser's Use, Purchaser warrants that
Purchaser's sewage treatment system on Purchaser's Property is of the septic/absorption, leach-
field type.
D. Purchaser's utilization of Project water to augment the depletions from Purchaser's
Diversions from Purchaser's Source does not entitle Purchaser to rely on the availability of
Project water in excess of the amount of Purchaser's Water. The District will continue to bill
Purchaser for Project water used in excess of Purchaser's Water as long as water from the Project
is available and such use can be accommodated under the E/A Plan, but Purchaser is legally
entitled to the use of only the amount of Purchaser's Water contracted for herein.
E. The District may record a document which runs with Purchaser's Property, which sets
forth the District's rights to:
(1) discontinue the availability of Purchaser's Water to augment depletions under
the E/A Plan for Purchaser's Use upon Purchaser's failure to pay for Purchaser's Water or comply
with the terms and conditions of the E/A Plan;
2