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AMENDMENT TO WATER SUPPLY CONTRACT <br />This Amendment to Water Supply Contract is made between the COLORADO RIVER <br />WATER CONSERVATION DISTRICT (herein the "River District"), a political subdivision of the <br />State of Colorado, acting by and through its Colorado River Water Projects Enterprise, and <br />LAFARGE WEST, INC. (herein "Contractor") effective as of the date of the River District's <br />execution hereof indicated below. <br />WHEREAS, the River District and Contractor entered into a Water Supply Contract dated <br />April 4, 2003, for delivery of 12.3 acre feet of Colorado River Supply (the "Contract"); and <br />WHEREAS, rather than terminate the Contract in its entirety in accordance with Paragraph <br />6.b.i. of the Contract, the parties desire to amend the Contract to increase the amount of Colorado <br />River Supply from 12.3 acre feet to 30.6 acre feet of Colorado River supply for the remaining term <br />of the Contract commencing in April 2009 for the July 2009 -June 2010 Project Year. <br />NOW, THEREFORE, it is hereby agreed: <br />1. The amount of 12.3 acre feet in Recital D of the Contract is amended to 30.6 acre feet. <br />2. The amount of 12.3 acre feet referenced in the definition of "Contracted Water" shall be <br />amended to 30.6 acre feet. <br />3. Paragraph 3.a. of the Water Supply Contract shall be amended to include the following <br />language as the last sentence of the paragraph: <br />Upon execution of this Amendment, in order for the River District's delivery <br />obligation to become effective July 1, 2009, Contractor shall pay to the River <br />District the sum of $6,387.31, being $273.25 per acre foot for 18.3 acre feet <br />of Contracted water and $112.75 per acre foot for 12.3 acre feet of <br />Contracted Water for the upcoming Project Year July 2009 -June 2010. <br />Thereafter, on or before each April 1' of each year during the term of this <br />Contract, Contractor shall pay the River District an annual amount, or the <br />adjusted amount, as set annually by the Enterprise's Board of Directors. <br />CW03001 <br />4. The River District and Contractor shall continue to be subject to the terms and conditions <br />of the Water Supply Contract dated April 4, 2003 (CW03001) not expressly modified by this <br />Amendment. <br />