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<br />WATER LEASE <br />THIS WATER LEASE is by and between R.M. „?? Hiner . sometimes collectively referred <br />Hiner' and the Platte River Power Authority <br />to as "the Parties". <br />WUNESSETH <br />WHEREAS, Platte River is a party to an "Agreement for the Reuse of Water for Energy <br />Generation", ("Reuse Agreement") among the City of Fort Collins ("the City"), Water Supply <br />and Storage Company, and Platte River dated August 10,1978; and <br />WHEREAS, the Reuse Agreement, among other things, conveys to Platte River the <br />right to receive reusable water delivered by the City; and <br />WHEREAS, Platte River is a party to an Agreement ("North Poudre Agreement") with <br />the North Poudre Irrigation Company ("North Poudre") dated November 15, 1979 and <br />amended on September 10, 2009, which grants Platte River the right to convey waters <br />through North Poudre's Fossil Creek Inlet and to temporarily store wafters to which Platte <br />River is entitled in North Poudre's Fossil Creek Reservoir, and <br />WHEREAS, reusable water available to Platte River is used primarily for cooling <br />water for the Rawhide Energy Station, but Platte River may have, from time to time, surplus <br />reusable water temporarily available in Fossil Creek Reservoir; and <br />WHEREAS, the Platte River Board of Directors, in Resolution No. 25-09, has <br />authorized the "lease or rent, for a term up to ten years, or annually, [of] any unused water <br />which Platte River may receive through the Reuse Amt to entities within the Northern <br />Colorado Water Conservancy District and/or its Municipal Subdistrict in the following <br />priorities. <br />(a) First, with equal priority, to the municipalities of Estes Park, Fort Collins, <br />Longmont and Loveland for their use or use in their water lease <br />program; <br />(b) Second, to other entities within the Municipal Subdistrict and/or the <br />Northern Colorado Water Conservancy District. <br />WHEREAS, R.M. Hiner wishes to lease such water for delivery November 2010, <br />February 2011, and March 2011; and <br />WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont, and <br />Loveland have consented pursuant to Resolution No. 25-09;