2010-11-10_HYDROLOGY - M1977151

• Permit No: M1977151
• IBM Index Class Name: HYDROLOGY
• Doc Date: 11/10/2010
• 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

05/24/2010 09:10 17193365031 R M HINER CONST.CO I PAGE 03
WATER LEASE AGREEMENT
(GRAHAM DITCH)
day of
This Water Lease Agreement CAgreement') Is ordered into this
?HAqy . 2010 by and between R.M. Minor construction Co., Inc., 'Lessee' and
DRAINAGE DITCH COMPANY CDItch Company',
GRAM _
M MU
for the benefit of its shareholders, the Graham Seepage
A, The Ditch Company owns and operates,
and Drainage Canal and the water right decreed to that structure in case Na W-7818-74, Disttririf C`ou o
Water Division 1 . rGraham
Graham Ditch originates In SeatonG2of Township 7 North, Range 66 West
2800 f the feet per per year. The water to the Cache Le Poudre River at
o
of the 6`" P.M., Weld County. Colorado and is capable of delivering
two points in Section 36 of Township 6 North, Range 86 West of the e`^ P.M., Weld County, Colorado.
B. Lessee intends to operate and administer a Substitute Water Supply Plan ('SWSP'). Lessee
desires to lease water temporerily from Lessor until its permanent sources of augmentation water are in
place.
C. Lessor Is wll lin to lease to Lessee ee desires to lease such twa water, i
Poudre River, and in accordance with the terms and conditions of
this agreement.
AGREEM9b11
Now, therefore, in consideration of the foregoing recitals, and mutual covenants and agreements herein,
and for other good and valuable consideration, the receipt and sufflclency of which is hereby
acknowledged, the parties agree as follows:
1. Lease, 'Lessor hereby leases and agrees to provide to Lessee up to 61.7 acre feet of fully
consumable water from the Graham Ditch (the "Graham Ditch Water') according to the monthly schedule
below, subject to the limitations, terms and conditions stated herein.
All volun M 90
2010
kpr May Jun Jul Aug Sep Oct Total
0 8.8 12.3 13.5 12.5 8.8 5.8 61.7
2. R n . Lessee shall pay Lessor $50 for each acre foot of fully consumable Graham Ditch Water
that Is made available to Lessee in accordance with the measurement and delivery terms set forth in
Paragraph 3 of this Agreement and approved by the State Engineer for consumptive use in the SWSP.
Within five (S) days following the and of each calendar month, Lessor shell provide Lessee with a written
statement Indicating the total number of acre feet of Graham Ditch Vyater made available to Lessee for
replacement and augmentation use during that month. Lessee's payment shall be due to nothelater than
in
twenty (20) days following submission of the bill. Lessee shall make all rental payments
care of the Ditch Company, and the Ditch Company shall be responsible for distributing such payments
amongst its shareholders according to their pro rata share.
3. Menaurement and Del erv. The point of delivery for the Graham Ditch water leased pursuant to
this agreement shall be to the Cache La Poudre River at the point where the East Lateral of the Graham
Ditch is capable of delivering to the Cache La Poudre River in Section 38 of Township 8 North, Range dd
West of the e"' P.M., 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
1 of 3
Received Time May.24. 2010 9:14AM No.2702