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.e`. • Mar 16. 2111 8 :37AM th 3605 F. S <br />WATER LEASE <br />THIS WATER LEASE is by and between R.ivL Hiner Construction Co., Inc. ("R.M. <br />Hiner") and the Platte River Power Authority ("Platte River ") sometimes collectively referred <br />to as the Parties ". <br />WITNBSSBTH <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 10,2979; and <br />WHEREAS, the Reuse Agreement, among other things, conveys to Platte giver 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 /5, 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 waters to which Platte <br />River is entitled in North Poudre's Fossil Creek Reservoir; and <br />WHEREAS, reusable water available to PIatte 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 Agreement to entities within the Northern <br />Colorado Water Conservancy District and /or its Municipal Subdistrict in the following <br />priorities; <br />(a) <br />First, with equal priority, to the municipalities of Estes Park Fort Collins, <br />Longmont and Loveland for their use or use in their water Iease <br />programs; <br />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 2011, <br />December 2011, January 2012 to March 2012, November 2012, December 2012, and January <br />2013 to March 2013; and <br />(b) <br />WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont, and <br />Loveland have consented pursuant to Resolution No. 25 -09; <br />