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Jared Dains Page 7 <br />South Platte Combined Replacement Plan <br />December 21, 2009 <br />installed Aggregate will request more water from the Greeley. <br />Additionally, pursuant to the mining lease Agreement between Aggregate and Greeley for the East <br />8 th Street Pit, Greeley will provide augmentation water for this pit. In 2010 the replacement <br />obligation for this pit totals 53.34 acre -feet and you are requesting to make block releases in <br />March, April and October 2010. A copy of the Greeley lease was provided to this office on <br />December 10, 2009 and is attached to this letter. <br />Platte River Power Authority <br />During 2010, a lease of 66.00 acre -feet of fully consumable water will be provided by the Platte <br />River Power Authority( " PRPA") to make replacements during the months of January through <br />March. PRPA has an Agreement dated August 10, 1978 for Reuse of Water for Energy Generation <br />with the City of Fort Collins ( "Fort Collins ") and Water Supply and Storage Company ( "WSSC "). <br />PRPA, Fort Collins, and WSSC also obtain approval of a plan for augmentation including reuse of <br />water in case no. W- 9322 -78. This water right was decreed in case no. W- 9322 -78 as developed <br />water, not tributary to the South Platte River. The Court found that 4,200 acre -feet, or more per <br />year will be available from Fort Collins to the PRPA to be used primarily for cooling purposes in <br />connection with its Rawhide Energy Station. Pursuant to the decree in case no. W- 9322 -78 if <br />PRPA does not require the water for its own purposes, it or Fort Collins or other water users <br />designated by it may utilize the water for any other beneficial purposes including augmentation. In <br />addition, PRPA has entered into an Agreement with the North Poudre Irrigation Company ( "North <br />Poudre") dated November 15, 1979 which grants PRPA to right to store surplus water (which is <br />surplus water beyond the needs of the Rawhide Energy Station) in the Fossil Creek Reservoir and <br />lease such water to others who can use such water from Fossil Creek Reservoir through direct <br />delivery. As required by the Agreement, North Poudre and the water commissioner were informed <br />by the PRPA of the lease with Aggregate Industries -WCR, Inc. In addition, according to the <br />Agreement releases of leased water to others shall be made in the months of September, October, <br />November, February or March. Since the existing lease will also make replacements for months <br />other than the months listed above, PRPA and North Poudre mutually agreed to lease the water for <br />January 2010 and the water commissioner agreed to make the releases during this month. The <br />releases will be made from Fossil Creek Reservoir to the Cache La Poudre River. A 0.25 percent <br />per mile for river transit loss is included in the 66 acre -feet amount leased from the PRPA. A copy <br />of the Platte River Power Authority lease was provided to this office on December 16, 2009 and is <br />attached to this letter. <br />St. Vrain River <br />Replacement Sources <br />Projected <br />2010 Yields <br />acre -feet <br />Comments <br />Coffin & Davis Ditch <br />328.5 <br />100% ownershi <br />Smith & Emmons Ditch <br />91.65 <br />1.5 shares total <br />- Leggett Reservoir <br />33.0 <br />19.6 shares total <br />Goddin , Dailey & Plumb Ditch <br />84.30 <br />3 shares total <br />City of Longmont Lease <br />0.0 <br />Annual lease if necessa <br />Coffin & Davis Ditch <br />The Coffin & Davis Ditch is currently owned by the City of Longmont (21.55 %), Don Sherwood <br />(47.55 %) and Aggregate (30.99 %). Pursuant to a 1999 mining lease agreement with the City of <br />