2009-12-22_HYDROLOGY - M1989120

• Permit No: M1989120
• 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 AliG14ENTATION WATER
Parties 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. Recitals and Purnose :
A. Cooley owns 1.0546 shares of the Nevada Ditch :folding
Company, which shares are represented by' Stock
Certificate No. 3 C-3 Said shares are sometimes
referred to in this agreement as the "subject shares".
B. Coolev has current and future gravel miring 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 tefo ri
augmentation purposes
that are legally adequat
D. Cooley desires to convey its Nevada Ditch shares to
Centennial in exchange for a lease of up to 30 acre -feet
per 'year of Centennial's augmentation water. Centennial its
desires to lease up to 30 acre-feet
n
Ph�gearfo f the
augmentation- water to Cooley in
conveyance of Cooley's Nevada Ditch shares.
3 . Terms In consideration this a regiment � CooleyaandoCentennial d ses
contained agree� g
A. Cooley shall execute and deliver at closing:
(1) A good and suf_icient special warranty deed, in the
form of Appendix A attached hereto, conveying its
Nevada Ditch shares to Centennial free and clear of
all liens and encumbrances;
(2) A general stock assignment in the form of
Appendix 9 attached hereto;
(3 ) Nevada Ditch Holding Company Stock Certificate No.
3 43 - ;