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a it <br />AMENDMENT TO WATER LEASE <br />This Amendment to the Water Lease between Platte River Power Authority and R.M. Hiner <br />Construction Co., inc. dated May 21, 2010, is entered by the parties on the date below. The <br />Amendment alters both the amount of water leased and the times at which such water is <br />released from the Fossil Creek Reservoir. <br />The Water Lease is amended through the removal of the language presently contained in <br />Paragraph 1 and the substitution of the following covenant: <br />Platte River will lease to RM. Hiner a portion of the current balance in Fossil Creels Reservoir, a <br />quantity of approximately 5.1 acre feet in November 2010, 2.6 acre feet in December 2010, 1.8 <br />acre feet in January 2011, 16 acre feet in February 2011 and 4.3 acre feet in March 2011 for a total <br />of 16.4 acre feet of reusable water, to be delivered from Fossil Creek Reservoir. This release will <br />be coordinated by the Poudre River Water Commissioner with review and concurrence by <br />North Poudre. Allreleases will be subject to weather a nditlons. The Poudre River Water <br />Commissioner will determine the actual amount of water presently held by Platte River in the <br />Fossil Creek Reservoir that is delivered to RM. Hiner and payment will be made on the actual <br />amount delivered <br />All other - , i and conditions of the Wate !mw remain in effect. <br />DATED this 2- day of 2010. <br />Pf:ATi'>3 POWER AUMORiTY <br />By; General Manager <br />RM. HINER CONSTRUCTION CO., INC. <br />BY: <br />Preatden! <br />