2009-12-22_HYDROLOGY - M1994027

• Permit No: M1994027
• 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 AUGMENTATION WATER
p 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
Colorado quasi- municipaa
Sanitation District ( "Centennial "1,
corporation.
2. Recitals and purtiose:
A. Goole i.GS6 shares of the Nevada Ditch Holding
Cooley owns resented by'
Stock
Company, which shares are rep
Certificate No. 3 ` 3 Said shares are sometimes
referred to in this agreement as the "subject shares ".
B. Cooley has current and future gravel mining operations
pursuant to which it has incurred and will incur
augmentation obligations to the South Platte River and
reek above the Titan
its tributaries, including Plum C
Road gage where Centennial's Plum Creek rights are
measured.
, C. Centennial owns or has fo ght to us e sources of
augmentation purposesater
that are legally adequate
D. Cooley desires to convey its Nevada Ditch o 30 h are s to
Centennial in exchange for a lease of up
per year of Centennial's augmentation water• ear of Centennial
desires to lease up to 30 acre-feet P hange for the
augmentation- water to Cooley
conveyance of Cooley's Nevada Ditch shares.
3, Terms In consideration of the mutual covenants
contained in this agreement, Cooley
A. Cooley shall execute and deliver at closing:
(1) A good and suficient special warranty conveying its
form of Appendix A attached hereto,
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 . ;