2012-02-02_HYDROLOGY - M2002120 - Laserfiche WebLink

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TOWN OF MILLIKEN WATER LEASE AGREEMENT THIS AGREEMENT is made and entered into this 14th day of December, 2011 by and between, the Town of Milliken, hereinafter referred to as Lessor, and Bestway Concrete, hereinafter referred to as Lessee. Bernhardt Pit 2012 Excess Credit Lease All values in acre feet WITNESSETH: WHEREAS: Lessor is the owner of excess augmentation credits, specifically the credits generated from the Substitute Water Supply Plan (SWSP) filed with State Engineer pursuant to 37 -92 -308 (4) C.R.S. and the Application in the Water Court, Case No. 02CW339 and 05CW059; and WHEREAS, Lessor desires to lease to Lessee the credits and Lessee desires to lease the same, NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, it is agreed as follows: 1. Lessor shall lease credits with the right to use the same to cover out -of- priority depletions from Lessee's aggregate mine. 2. The credits total 23.32 acre feet for January 1, 2012 through December 31, 2012 as shown in Table 1, Lessor will make every attempt to provide to the Lessee the monthly volumes contained in Table 1. Lessor anticipates that excess credits from its 02CW339 and 05CW059 SWSP will be sufficient to meet the monthly values in Table 1. However, Lessor does not guarantee that excess credits will be available in a volume sufficient to meet the values in Table 1. Credits are leased on an as available basis and if any month is short, Lessee wi71 be refunded monies. Table 1 3. Lessee shall pay to Lessor the sum of $300.00 per consumptive use acre foot credit that the State Engineer approves for use in the Lessee's SWSP or that are sublease for use in a SWSP or augmentation plan. Payment shall be due on or before January 1, 2012. 2012 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Lease to Bernhardt Pit .83 .75 1.10 1.57 2.04 2.72 3.29 3.27 2.74 2.28 1.64 1.09 23.32 TOWN OF MILLIKEN WATER LEASE AGREEMENT THIS AGREEMENT is made and entered into this 14th day of December, 2011 by and between, the Town of Milliken, hereinafter referred to as Lessor, and Bestway Concrete, hereinafter referred to as Lessee. Bernhardt Pit 2012 Excess Credit Lease All values in acre feet WITNESSETH: WHEREAS: Lessor is the owner of excess augmentation credits, specifically the credits generated from the Substitute Water Supply Plan (SWSP) filed with State Engineer pursuant to 37 -92 -308 (4) C.R.S. and the Application in the Water Court, Case No. 02CW339 and 05CW059; and WHEREAS, Lessor desires to lease to Lessee the credits and Lessee desires to lease the same, NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, it is agreed as follows: 1. Lessor shall lease credits with the right to use the same to cover out -of- priority depletions from Lessee's aggregate mine. 2. The credits total 23.32 acre feet for January 1, 2012 through December 31, 2012 as shown in Table 1, Lessor will make every attempt to provide to the Lessee the monthly volumes contained in Table 1. Lessor anticipates that excess credits from its 02CW339 and 05CW059 SWSP will be sufficient to meet the monthly values in Table 1. However, Lessor does not guarantee that excess credits will be available in a volume sufficient to meet the values in Table 1. Credits are leased on an as available basis and if any month is short, Lessee wi71 be refunded monies. Table 1 3. Lessee shall pay to Lessor the sum of $300.00 per consumptive use acre foot credit that the State Engineer approves for use in the Lessee's SWSP or that are sublease for use in a SWSP or augmentation plan. Payment shall be due on or before January 1, 2012.