2009-12-22_HYDROLOGY - M2004044

• Permit No: M2004044
• 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

AGREEMENT TO CONVEY WATER RIGHTS
IN.EXCHANGE FOR LEASE OF AliGMENTATION WATER
�• Pa: -tips The parties to this agreement are Cooley Gravel
Company ( "Cooley "), a corporation organized and existing under
the laws of the State of Indiana, and Centennial Water and
Sanitation District ( "Centennial "), a Colorado quasi- municipal
corporation.
2 RecltalS and Pu1DOse
A_ Cooley wns i.�S�S shares of the Nevada Ditch Molding
Y resented by Stock
Company, which shares are rep
Certificate No. 3 G _3 . Said shares are sometimes
referred to in this agreement as the "subject shares ".
B. Cooley has current and future gravel m i n i n g operations
pursuant to which' it has incurred and will incur
augmentation obligations to the South Platte River and
its tributaries, including Plum Creek above the Titan
Road gage where Centennial's Plum Creek rights are
measured.
, C• Centennial owns or has the right to use sources of water
that are legally adequate for augmentation purposes. hars to
D. Cooley desires to convey its Nevada D t 30 sac a e -feet
Centennial in exchange for a lease of up o
per year of Centennial-,s augmentation water. Centennial
desires to lease up to 30 acre -feet per arfoof i t s
augmentation water to Cooley exchange
conveyance of Cooley's Nevada Ditch shares. promises
3, Terms In consideration of the mutual d °Centennialdagree:
contained in this agreement, Coo y
A. Cooley shall execute and deliver at closing:
(1) A good and sufficient special warranty deed, in the
form of tch sd a rot hereto,
Centennialfree and conveying
Nevada Di of
Ditch
all liens and encumbrances;
(2) A general stock assignment in the form of
ADaendix 9 attached hereto;
(3) Nevada Ditch Holding company Stock Certificate No.
3 43 ;