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WATER LEASE AGREEMENT <br />(GRAHAM DITCH) <br />This Water Lease Agreement CAgreemento) is entered into this l14*1 day of <br />1"•Y , 2010 by and between Aggregate Industries-WCR., "Lessee' and GRAHAM <br />DRAINAGE DITCH COMPANY ("Ditch Companyl, "Lessor". <br />A. The Ditch Company owns and operates, for the benefit of its shareholders, the Graham Seepage <br />and Drainage Canal and the water right decreed to that Structure In case Na W-7818-74, District Court, <br />Water Division No. 1 ('Graham Ditchn). The Graham Ditch is decreed as a developed water right for up to <br />2800 acre feet per year. The Graham Ditch originates in Section 27 of Township 7 North, Range 66 West <br />of the a P.M., Weld County, Colorado and is capable of delivering water to the Cache Le Poudre River at <br />two points in Section 36 of Township 6 North, Range 86 West of the a P.M., Weld County, Colorado. <br />B. Lessee intends to operate and administer a Substitute Water Supply Plan ('SWSP"). Lessee <br />desires to lease water temporarily from Lessor until its permanent sources of augmentation water are In <br />place. <br />C. Lessor is willing to lease to Lessee water delivered from the Graham Ditch to the Cache La <br />Poudre River, and Lessee desires to lease such water, in accordance with the terms and conditions of <br />this agreement. <br />Now, therefore, in consideration of the foregoing recitals, and mutual covenants and agreements herein, <br />and for other good and valuable consideration. the receipt and sufficiency of which Is hereby <br />acknowledged, the parties agree as follows: <br />1. Lease. Lessor hereby leases and agrees to provide to lessee up to 55 acre feet of fully <br />consumable water from the Graham Ditch (the 'Graham Ditch Water') according to the monthly schedule <br />below, subject to the limitations, temps and conditions stated herein. <br />AN wakm In ac-ft <br />2010 <br />Apr May Jun Jul Aug Sep Oct <br />Total <br />0 9 7 5 12 21 1 55 <br />2. &A. Lessee shall pay Lessor $W for each acre foot of fully consumable Graham Ditch Water <br />that Is made available to Lessee in accordance with the measurement and delivery tents set forth in <br />Paragraph 3 of this Agreement and approved by the State Engineer for consumptive use in the SWSP. <br />Within five (5) days following the end of each calendar month, Lessor shall provide Lessee with a written <br />statement indicating the total number of acre feet of Graham Ditch Water made avallabte to Lessee for <br />replacement and augmentation use during that month. Lessee's payment shall be due no later than <br />twenty (20) days following submission of the bill. Lessee shall make all rental payments to the Lessor in <br />care of the Ditch Company, and the Ditch Company shall be responsible for distributing such payments <br />amongst its shareholders according to their pro rata share. <br />3. Measurement and Delivery. The point of delivery for the Graham Ditch water leased pursuant to <br />this agreement shall be to the Cache La Poudre River at the point where the East Lateral of the Graham <br />Ditch Is capable of delivering to the Cache La Poudre River in Section 36 of Township 6 North, Range 86 <br />West of the a P.M., Weld County Colorado. Lessor shall make dally metered measurements of <br />deliveries of the Graham Ditch Water and shall provide reports of such deliveries to Lessee on a weekly <br />1 of 3