2009-12-22_HYDROLOGY - M1977436

• Permit No: M1977436
• IBM Index Class Name: HYDROLOGY
• Doc Date: 12/22/2009
• Doc Name: Combined Replacement Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Media Type: D
• Archive: No

the method described in the preceding sentence, Centennial may
still place'a call against Cooley's gravel mining operations on
Plum Creek for the benefit of Centennial's Plum Creek water rights.
S. The amount of augmentation water to be delivered
each year hereunder shall not exceed 30 acre -feet. on or before
April 1 of every year, Cooley shall provide to Centennial a written
estimate of the quantities of augmentation water needed by month
for the next 12 -month period, provided that the total amount to be
delivered by Centennial over the next 12 -month period shall not
exceed 30 acre -feet per year. Such estimate shall be for the
purpose of assisting Centennial in the planning of its water
operations and shall not be binding upon Cooley. The rate of
delivery shall not exceed 0.5 cfs. on or hefnre the third day of
every month, Cooley shall inform Centennial of the quantity of
augmentation. water needed during the previous month and shall give
Centennial an estimate of the amount of water needed for the
upcoming month.
6. Upon delivery of such water to the South Platte
River or Plum Creek as described above in paragraph 2; Centennial
shall have no further obligation to Cooley with respect to such
water, and Cooley shall be solely responsible for the carriage of
such water in the. stream system and utilization' of same for
augmentation purposes.
7. The augmentation water leased hereunder shall be
used only to help satisfy Cooley's obligation to replace out -of-
priority depletions to Plum Creek, the South .Platte River; or both,
resulting from Cooley's gravel • mining operations, including
replacement of evaporation losses from water - filled gravel pits
after mining operations cease.
8.. Cooley shall not file an application for approval of
an augmentation plan using water to be furnished by Centennial
without Centennial's prior review and approval of the application,
which approval shall not unreasonably be withheld. Centennial
shall respond to Cooley's request for approval within thirty (30)
days of receipt of the application that Cooley proposes to file.
Centennial shall be entitled to be a party to the proceedings on
the application in Water Court. Centennial agrees that it will
consent to a decree of the District Court, Water Division No. 1,
authorizing use of augmentation water furnished by Centennial
subject to the terms of this lease agreement and not otherwise
inconsistent -with this lease agreement, provided the granting of
such application will not otherwise injure Centennial's water
rights.