2009-12-22_HYDROLOGY - M1977436 - Laserfiche WebLink

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6ch P.M., approximately 2350 feet from the South section line and 1550 feet from the East section line; or on Plum Creek, at or below the headgate of the Lower Plum Creek Ditch, located in the SWU of Section 28, Township 6 South, Range 68 West, 6th P.M., Douglas County, Colorado; or at the point wheret water from McLellan Reservoir can be discharged by pipeline into the South Platte River system; or at the point at which effluent is discharged to Marcy Gulch from Centennial's Marcy Gulch Wastewater Treatment Plant; or at a combination of any such points; or by not requiring augmentation water from Cooley sources above the Titan Road gage located on Plum Creek under the circumstances described in paragraph 4 below; or by a combination of the foregoing delivery points and methods. Centennial may deliver water hereunder to other points on the South Platte River and its tributaries, provided that Centennial and Cooley first agree in writing to such other delivery points. The augmentation water be deliverable throughout the year as requested by Cooley pursuant to paragraph 5 below. The points at which Centennial may deliver augmentation water under this lease agreement are not dependent on the location of Cooley's existing gravel mining operations. - Such delivery points shall remain the same even if the location of Cooley's gravel mining operations changes, unless the parties agree otherwise in writing. 3. The water may be delivered from any source available to Centennial-which is legally.adequate for augmentation purposes. It shall be Cooley's responsibility to coordinate with the Colorado Division of Water Resources or other appropriate entities and agencies to obtain augmentation credit for 'the water. Centennial makes no representations or warranties, express or implied,. regarding the quality of the augmentation water leased hereunder or regarding Cooley's ability to make use of any of the a ugmentation water leased hereunder in an augmentation program. 4. Centennial owns and uses water rights on Plum Creek including without limitation the Lower Plum Creek Ditch water right described in the decrees entered by the Division 1 Water Court in Case Nos. W -6072, 85CW415, and 93CW177. Centennial expressly reserves the right to place e call against Cooley's gravel mining operations on Plum Creek for the benefit of its Lower Plum Creek Ditch priority and any of its other Plum Creek water rights that are senior to Cooley's Plum Creek gravel mining operations. Notwithstanding the foregoing, Centennial and Cooley agree that when Centennial's Plum Creek water rights are the calling water rights requiring augmentation water from Cooley, Centennial may, at Cooley's discretion, satisfy its delivery obligation hereunder by not requiring augmentation water from Cooley sources above the Titan Road gage located on Plum Creek. If Cooley chooses not to allow Centennial to satisfy. its delivery obligation hereunder by