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03/17/2011 08:11 17193355031
<br />Ida r. 16. 2311 8: 34AM
<br />R M HIKER COt1ST 9 I PAGE 02
<br />R:,, 36'45 P. 2
<br />ar-
<br />WATER LEASEAt EM@NT
<br />(GRAHAM DITCH)
<br />This Water Leese Agreement (`Agreement's is entered into this !•� day of
<br />2011 by and between R.M. liner Construction Co., Ino., "Lessee` and
<br />liAf DRIt E TCH COMPANY Cinch Company", 'Lessor".
<br />RECITALS,
<br />A. The Ditch Company owns and operates, for the benefit of to shareholders, the Graham seepage
<br />and Drainaagpe Canal end the water right decreed fa that Structure in oase Na Wi7818.74, District Court,
<br />Water PMston Na 1 Variant DlIon. The Graham Ditch Is decreed as htc developed water right for up to
<br />2800 &4e feet par year. TM Graham Delon odglnates in 8ecttan 27 ofTcwnshlp 7 North, Range ett Weat
<br />01 the r P,M., Woid County, Colorado and le capable of dellvedtrg waterie the Cache Le Poudre Rtverat
<br />two points in section 38 of Township f3 North, Range 88 West of the 6' P.M., Weid Courtly, Colorado.
<br />E. Lessee intends to operate and administer 4 Substitute Water Supply Plan ( Lessee
<br />desires to lease water temperattty from Lessor until its permanent sources of augmentation water are M
<br />place.
<br />0. Lessor Is willing to ieaee to Lessee water delivered from the anthem Ditch to the Cache La
<br />Poudre River, and Lessee desires to tease such water, in accordance with the terms and renditions of
<br />thlsagreen
<br />Now, therdere, in consideration of thetoregoing recitals, and mutual covenants end agreements herein,
<br />and ?mother good and vaivable oonnideratlon, the receipt and sufficiency o(Whtoh is hereby
<br />acknowledged, the parties agree as follows
<br />1. Lease. Lessor hereby leases and agrees to provide to Lessee up to 58.2 acre feet of fully
<br />consumable water from the frerarn Ditch (the Doh Water's acoordtnp to the monthly schedule
<br />below, subject to the limitations, temps and conditions stated herein.
<br />Ad %Willi habit
<br />2 . E. Lessee shall pay Leeson &SO for oath acne foot of fufy coneemabie Graham Ditch Water
<br />that is made avattet a to Lune In ececrdence with the meavutement and delivery temms set forth In
<br />Paragraph 3 or this Agreement end approved by the State Engineer for consumptive use In the 8WWP.
<br />Within five (6) days Mowing the end of each calendar month, Lessor shall provide lessee wish a w,ittdn
<br />statement Indicating the total number of acre feel of Graham Dltoh Water made available to Lessee for
<br />replacement and augmentation use during diet month. Lessee's payment shall be due no later than
<br />twenty (20) days following submission of the WI. Lessee shall make ail rental payments to the Losaor In
<br />care of the Ditch Company, and the Dttch Oompeny snail be responsible for distributing such payments
<br />amongst fta shareholders according to their.pre rant share.
<br />g• flgemmatajoLDelem. The point of salter, ter the Graham Ditch water leased pursuant to
<br />INs agreement shall be to the Cache La Poudm River at the point Where the East t.aterat of the Graham
<br />Ditch le oapebf deftvedng to the Cache Le Pohulre River to Section 38 of township 8 North, Range 86
<br />Ow Weal of the P,M„ Weld County Colorado. Lessor shall make deity metered measurements of
<br />deliveries of the Graham Web Water and shahs provide reports of such dellvehfes to Lessee on a weekly
<br />Received Time Mar, 17. 2011 8:15AM No.3608
<br />1 of
<br />201.1
<br />A
<br />May
<br />Jun
<br />Jul
<br />Au(
<br />Sep
<br />Oct
<br />Total
<br />5.0
<br />3.4
<br />7.9
<br />10.1
<br />11.1
<br />10.1
<br />11.8
<br />98.2
<br />03/17/2011 08:11 17193355031
<br />Ida r. 16. 2311 8: 34AM
<br />R M HIKER COt1ST 9 I PAGE 02
<br />R:,, 36'45 P. 2
<br />ar-
<br />WATER LEASEAt EM@NT
<br />(GRAHAM DITCH)
<br />This Water Leese Agreement (`Agreement's is entered into this !•� day of
<br />2011 by and between R.M. liner Construction Co., Ino., "Lessee` and
<br />liAf DRIt E TCH COMPANY Cinch Company", 'Lessor".
<br />RECITALS,
<br />A. The Ditch Company owns and operates, for the benefit of to shareholders, the Graham seepage
<br />and Drainaagpe Canal end the water right decreed fa that Structure in oase Na Wi7818.74, District Court,
<br />Water PMston Na 1 Variant DlIon. The Graham Ditch Is decreed as htc developed water right for up to
<br />2800 &4e feet par year. TM Graham Delon odglnates in 8ecttan 27 ofTcwnshlp 7 North, Range ett Weat
<br />01 the r P,M., Woid County, Colorado and le capable of dellvedtrg waterie the Cache Le Poudre Rtverat
<br />two points in section 38 of Township f3 North, Range 88 West of the 6' P.M., Weid Courtly, Colorado.
<br />E. Lessee intends to operate and administer 4 Substitute Water Supply Plan ( Lessee
<br />desires to lease water temperattty from Lessor until its permanent sources of augmentation water are M
<br />place.
<br />0. Lessor Is willing to ieaee to Lessee water delivered from the anthem Ditch to the Cache La
<br />Poudre River, and Lessee desires to tease such water, in accordance with the terms and renditions of
<br />thlsagreen
<br />Now, therdere, in consideration of thetoregoing recitals, and mutual covenants end agreements herein,
<br />and ?mother good and vaivable oonnideratlon, the receipt and sufficiency o(Whtoh is hereby
<br />acknowledged, the parties agree as follows
<br />1. Lease. Lessor hereby leases and agrees to provide to Lessee up to 58.2 acre feet of fully
<br />consumable water from the frerarn Ditch (the Doh Water's acoordtnp to the monthly schedule
<br />below, subject to the limitations, temps and conditions stated herein.
<br />Ad %Willi habit
<br />2 . E. Lessee shall pay Leeson &SO for oath acne foot of fufy coneemabie Graham Ditch Water
<br />that is made avattet a to Lune In ececrdence with the meavutement and delivery temms set forth In
<br />Paragraph 3 or this Agreement end approved by the State Engineer for consumptive use In the 8WWP.
<br />Within five (6) days Mowing the end of each calendar month, Lessor shall provide lessee wish a w,ittdn
<br />statement Indicating the total number of acre feel of Graham Dltoh Water made available to Lessee for
<br />replacement and augmentation use during diet month. Lessee's payment shall be due no later than
<br />twenty (20) days following submission of the WI. Lessee shall make ail rental payments to the Losaor In
<br />care of the Ditch Company, and the Dttch Oompeny snail be responsible for distributing such payments
<br />amongst fta shareholders according to their.pre rant share.
<br />g• flgemmatajoLDelem. The point of salter, ter the Graham Ditch water leased pursuant to
<br />INs agreement shall be to the Cache La Poudm River at the point Where the East t.aterat of the Graham
<br />Ditch le oapebf deftvedng to the Cache Le Pohulre River to Section 38 of township 8 North, Range 86
<br />Ow Weal of the P,M„ Weld County Colorado. Lessor shall make deity metered measurements of
<br />deliveries of the Graham Web Water and shahs provide reports of such dellvehfes to Lessee on a weekly
<br />Received Time Mar, 17. 2011 8:15AM No.3608
<br />1 of
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