2009-12-22_HYDROLOGY - M1985112

• Permit No: M1985112
• IBM Index Class Name: HYDROLOGY
• Doc Date: 12/22/2009
• Doc Name: Substitute water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: MAC
• Media Type: D
• Archive: No

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11/10/2009 14:29 9703520038 PAGE 02/04
WATER LEASE AGREEMENT
(GRAHAM DITCH) A
This ate Lease Agreement ('Agreement!) is entered Into this `�� day of
. 2009 by and between l oloff Construction, Inc., 'Lessee' nand GRAHAM
DRAINAGE DITCH COMPANY ('Ditch Company'), 'Lessor.
RE GITALS
A. The Ditch Company owns and operates, for the benefit of its shareholders, the Graham Seepage
and Drainage Canal and the water right decreed to that Structure in case Na W-7818-74, District Court.
Water Division No. I rGraham DiW). The Graham Ditch Is decreed as a developed water right for up to
2800 acre feet per year. The Graham Ditch originates in Section 27 of Township 7 North, Range 66 West
of the a P.M. Weld County, Colorado and is capable of delivering wow to the Cache La Poudre River at
two points In Section 36 of Township 6 North, Range 68 West of the V P.M., Weld County, Colorado.
8. Lessee Intends to operate and administer a Substitute Water Supply Plan CSWSP"). Lessee
desire$ to lease water temporarily from Lessor until its permanent sources of augmentation water are in
Place.
C. Lessor is willing to lease to Lessee water delivered from the Graham Ditch to the ¢ache La
Poudre River, and Lessee desire$ to lease such water, in accordance with the terms and conditions of
this agreement.
Now, therefore, in consideration of the foregoing recitals, and mutual covenants and agreements herein,
and for other good and valuable consideration, the receipt and sufiiclency of which Is hereby
acknowledged, the parties agree as follows:
1. LARM Lessor hereby 190868 and agrees to provide to Lessee up to 14.2 acre feet of fully
Consumable water from the Graham Ditch (the •Graham Ditch Wutter") according to the monthly schedule
below, subject to the limitations, terms and conditions stated herein.
AN vO ruwa b acrH
2010
Apr Moy Jun Jul Aug Sep Oct Total
1.3 1.5 13 23 2.6 2.5 r 2.1 142
2. Sit Lessee shall pay Lessor $60 for each sae foot of bully consumable Graham Ditch Water
that Is made available to Lessee in accordance with the measurement and delivery tenns set forth In
Paragraph 3 of this Agreement and approved by the State Engineer for consumptive use In the SW3P.
Within five (5) dda�yys folimft the and of each calendar month, Lessor shell provide Lessee wlth a written
statement indicating the total number of acre feet of Graham Ditch Water made available to Lessee for
replacement and augmentation use during that month. Lessee's payment shall be due no later than
twenty (20) days following submission of the bill. Lessee sheit make all reel payments to the Lessor In
cans of the Ditch Company, and the Ditch Company shall be responsible for distributing such payments
emongat Its shareholders &=ording to their pro rata share.
3. The point of delivery for the Graham Ditch water teased pursuant to
this agreement shall be to the Cache La Poudre River at the point where the East Lateral of the Graham
Ditch to capable of deliverng to the Cache La Poudne River in Section 30 of Township 0 North, Range 68
Weet of the 6 P.K. Weld County Colorado. Lessor Shall make daily metered measurements of
deliveries of the Graham Ditch Water and shall provide reports of such deliveries to Lessee on a weekly
I of 3
Received Time Nov, 10. 2009 2:31PM No. 2024