2009-12-22_HYDROLOGY - M1992069

• Permit No: M1992069
• 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
1 pa -ti S; The parties to this agreement are Cooley Gravel
Companv ( "Cooley "), a corporation organized and existing under
the laws of the State of Indiana, and Centennial water and
Sanitation District ( "Centennial "),
a Colorado cuasi- municipal
corporation.
2. Recitals and puruose:
A. Cooley owns 1.05.6 shares of the Nevada Ditch Holding
Company, which shares are represented by Stock
Certificate No. 3 CJ Said shares are sometimes
referred to in this agreement as the "subject shares ".
H. 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 awns or has the right to use sources f water
that are legally adequate for augmentation purposes.
D. Cooley desires to convey its Nevada Ditch shares to
Centennial in exchange for a lease of up to 30 acre -feet
ial
per 'year of Centennial augmentation water. e n its
desires to lease up to 30 acre -feet per y ear
augmentation water to Cooley in exchange for the
conveyance of Cooley's Nevada Ditch shares.
3, Terms In consideration of the mutual covenants
al d a p r omises
contained in this agreement, Cooley and
A. Cooley shall execute and deliver at closing:
(1) A good and suficient special warranty deed, in the
form ofDAp h sha es to Centennialtfree and clear
Nevada
all liens and encumbrances;
(2) A general stock assignment in the form of
Appendix 3 attached hereto;
(3) Nevada Ditch holding Company Stock Certificate No.
3 63 ;