2009-06-02_PERMIT FILE - C1982057 ‎(5)‎

• Permit No: C1982057
• IBM Index Class Name: Permit File
• Doc Date: 6/2/2009
• Doc Name: Documents Pertinent to Water Rights & Plan for Augmentation
• Section_Exhibit Name: Tab 16 Appendix 16-1
• Media Type: D
• Archive: No

AGREEMENT
THIS AGREEMENT, is made this ~fikday of May, 1989, between
the UPPER YAP•1PA ?aATER CONSERVANCY DISTRICT, a quasi- municipal
corporation organized under the laws of the State of Colorado
("District"), and the PEABODY COAL COMPANY, a Delaware
corporation ("Corporation").
RECITALS

A. The District has constructed and will operate a dam and
reservoir known as Stagecoach Feservoir for the purpose of
supplying water to municipal, industrial and agricultural users
within its boundaries. The dam and reservoir will be located on
the Yampa (Bear) River upstream from the City of Steamboat
Springs, Colorado. The total storage capacity of the reservoir
will be approximately 33,275 acre-feet. Water will be stored in
Stagecoach Reservoir pursuant to water rights that have been
acquired by the District from Colorado-Ute Electric Corporation,
Inc. ("Colorado-Ute").
B. It is anticipated that approximately 15,000 acre-feet
of storage capacity in Stagecoach Reservoir in excess of the
conservation and recreation pool will be allocated by the
District approximately as follows: municipal users - 2,000
acre-feet; industrial users - 9,000 acre-feet; agricultural users
- 4,000 acre-feet.
C. The parties hereto have reached agreement for the
purchase by the Corporation of SO acre-feet annually of
Stagecoach Reservoir storage water allocated for municipal uses,
and the parties wish to execute this written Agreement setting
forth all of the terms and conditions of said agreement.
NOW, THEREFORE, in consideration of the payments to be made
by the Corporation as hereinafter provided, and in consideration
of the mutual covenants herein contained, the sufficiency of
which consideration is hereby expressly acknowledged, the
District and the Corporation hereby agree as follows:
STORAGE AND RELEASE OF WATER:
1.1 The District agrees, subject only to physical water
supply conditions, the administration of water rights by State of
Colorado water officials and the terms of this Agreement, to
store in Stagecoach Reservoir prior to July 15th of each calendar
year SO acre-feet of water for release for the Corporation's use
(by direct diversion, exchange or plan for augmentation, provided
that any such exchange or plan for augmentation shall not provide
for delivery, use or consumption of water outside the
geographical boundaries of the District) upon request between
July 15th and April 1st of the folLocaing year. The Corporation
shall be entitled to one use of the water delivered hereunder to
extinction, but shall not be entitled to the reuse or successive
use of such water.
i
16-i-39