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I <br />Aug <br />Sep <br />Oct <br />Nov <br />Dec <br />Total <br />6 <br />2.15 <br />1.83 <br />1.55 <br />t15 <br />.73 <br />15.87 <br />WATER LEASE <br />THIS AGREEMENT is made and entered i <br />between, the Town of Milliken, hereinafter <br />Corporation, hereinafter referred to as Les <br />WITNES ETH: <br />WHEREAS: Lessor is the owner of excess augmentation credits, specifically the <br />credits generated from the Substitute Water Supply Plan (SWSP) filed with State <br />Engineer pursuant to 37 -92 -308 (4) C.R.S. and the Application in the Water <br />Court, Case No. 02CW339 and 05CW059; and <br />WHEREAS, Lessor desires to lease to Les <br />lease the same, <br />NOW THEREFORE, in consideration of the <br />the parties hereto, it is agreed as follows: <br />1. Lessor shall lease credits with the right to use the same to cover <br />out -of- priority depletions from essee's aggregate mine. <br />2. The credits total 15.87 acre fe-t for January 1, 2011 through <br />December 31, 2011 as shown in Table 1, Lessor will make every <br />attempt to provide to the Less e the monthly volumes contained in <br />Table 1. Lessor anticipates th : t excess credits from its 02CW339 <br />and 05CW059 SWSP will be s fficient to meet the monthly values <br />in Table 1. However, Lessor •oes not guarantee that excess <br />credits will be available in a vo ume sufficient to meet the values in <br />Table 1. Credits are leased o an as available basis and if any <br />month is short, Lessee will be funded monies. <br />2011 <br />Lease to <br />Bernhardt Pit <br />Jan <br />.68 <br />Feb <br />.52 <br />Mar <br />.80 <br />Apr <br />1.1 <br />May <br />1.4 <br />Jun <br />1.8 <br />n <br />re <br />2 <br />J <br />s <br />h <br />Table 1 <br />Bernhardt Pit 2011 Excess Credit Lease <br />AU values in acre feet <br />3. Lessee shall pay to Lessor the <br />use acre foot credit that the Sta <br />Lessee's SWSP or that are sub <br />augmentation plan. Payment s <br />1, 2011. <br />4. This Lease is void if payment in <br />the date prescribed in item. #3. <br />5. The term of this lease shall be fr <br />December 31, 2011. <br />GREEMENT <br />to this 27th day of July, 2011 by and <br />eferred to as Lessor, and Hall Irwin <br />ee. <br />ee the credits and Lessee desires to <br />mutual covenants and promises of <br />u <br />.1 <br />um of $300.00 per consumptive <br />Engineer approves for use in the <br />ease for use in a SWSP or <br />all be due on or before September <br />full of $4,761.00 is not received by <br />om the date of adoption until <br />