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WATER LEASE <br />This Water Lease is made and entered Into thls? day of MAf?C ¢k m6 by and <br />between THE CITY OF THORNTON, a Colorado municipal corporation, ("Thornton"N as Lessor <br />and AGGREGATE INDUSTRIES- WEST CENTRAL REGION, INC., an Indiana Corporation, <br />whose address Is 1707 Cole Boulevard, Suite 100, Golden, Colorado, 80401 ("Lessee"). <br />WHEREAS, Thornton owns fully consumable water in Its municipal water system, which <br />water, may be delivered to the South Platte River; and <br />WHEREAS, Thornton desires to lease to Lessee and Lessee desire to lease from <br />Thornton a portion of Thornton's fully consumable water; and <br />WHEREAS, As consideration for this Water Lease, Lessee is simultaneously selling and <br />transferring 3.0 shares In the Colorado Agricultural Ditch Company (Certificate number LOOM to <br />Thornton pursuant to the Agreement for the Purchase, Sate and Lease of Water Rights dated <br />200,V <br />NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND <br />OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND, THE RECEIPT <br />AND ADEQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES <br />AGREE AS FOLLOWS: <br />1. Im This Water Lease shall be a permanent lease, subject to termination only In <br />the event that Lessee, its heirs or assigns notify Thornton in writing that it no longer has any use <br />for, and no longer desire to use the fully consumable water. <br />2, nsl eratlon. As consideration for this Water Lease, Lessee is simultaneously <br />selling and transferring 3.0 shares In the Colorado Agricultural Ditch Company (Certificate number <br />q ) to Thor ton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights <br />dated I 't- , 20C. As consideration for the 3.0 Colorado Agricultural Shares, <br />Thornton agrees to permanently tease and provide for Lessee's use thel following amount of <br />fully consumable water delivered by Thornton to the South Platte River from any fully <br />consumable water rights owned by Thornton. The rate, period and location of water delivery are <br />set forth below. <br />a) ealiverv Period and Rate. Thornton shall deliver fully consumable water at a rate of <br />0.035 o.f.s.lday November 1 through March 31, <br />b) Location., Thornton agrees to deliver the fully consumable water to the South Platte <br />River In the reach from the outfall of the Metropolitan Wastewater Reclamation <br />District Central Plant to•ths confluence of Big Dry Creek and the South Platte River, <br />but in any case above the calling right within that reach. <br />Exhibit D - Page 1 <br />