2012-02-03_HYDROLOGY - M1983090 - Laserfiche WebLink

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2. Bestway shall pay Windsor $300.00 per acre -foot for each acre -foot of Water herein leased to Bestway for a total lease payment of $16,374. Payment for one - half ( %) of the Water ($8,187) shall be due upon signing of this lease, and payment for the second one -half ( %) of the Water ($8,187) shall be due no later than December 31, 2011. 3. Windsor shall provide Bestway with information reasonably necessary for Bestway's use of the Water and shall cooperate with Bestway in providing necessary information to the State and /or Division Engineer on a timely basis. 4. Unless another location is specified by Windsor, the water shall be delivered to Bestway under this Lease from the Kern Reservoir via the Kern Lateral at the point water is measured from the Kern Lateral to the Cache la Poudre River in the NE 1 /4 of the SW 1/4 of Section 22, Township 6 North, Range 67 West of the 6th P.M. Weld County, Colorado (the "Delivery Point "). Measurement of any losses from the Delivery Point to the Cache la Poudre River shall be calculated pursuant to the terms of the decree entered in Case No. 02CW301. Bestway shall bear any and all losses associated with the conveyance of the Water delivered by Windsor at the Delivery Point to locations where Bestway may use the Water. Windsor shall not be required to deliver the water to Bestway at a rate higher than 0.5 c.f.s. 5. The term of this Lease shall be from the date first set forth above through December 31, 2011. 6. Windsor does not make any express or implied warranties or representations regarding the quality of Water leased herein. However, Windsor does represent that the Water is available for delivery to Bestway. Bestway shall be responsible for obtaining such approvals as are necessary for Bestway to use the Water in its substitute water supply plans. 7. Except as otherwise provided in this Lease, the Parties acknowledge that any and all Water leased hereunder is intended for the present and future use of Windsor. It is further understood and agreed to by the Parties that this Agreement shall confer no rights in such Water upon Bestway, nor shall any future needs Bestway has for water enable Bestway to make claim against Windsor for any of Windsor's Water, other water or water rights. 8. This Agreement will be governed by the Laws of the State of Colorado. Venue for the trial of any action under this Agreement shall be in Weld County District Court.