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WATER LEASE AGREEMENT <br />THIS AGREEMENT is made and entered into as of this 6# day of <br />A/ <br />(hereinafter called "Board ") and Trans Colorado Concrete, a Division of Pete Lein and Sons, Inc <br />(hereinafter called "Lessee "); <br />, 2010, by and between the Board of Water Works of Pueblo, Colorado <br />WITNESSETH: <br />WHEREAS, the water use which is the subject of the Agreement is of a type not <br />normally within any regular rate schedule fixed by the Board; and the parties mutually agree that <br />the terms of lease and delivery of water for the purposes hereinafter set forth should be the <br />subject of this special Agreement; <br />WHEREAS, Lessee desires to procure raw water from the Board for replacement of <br />depletions resulting from its gravel mining operations in Pueblo County, Colorado. <br />WHEREAS, the Board desires to supply raw water to Lessee for its use for these <br />purposes. <br />NOW, THEREFORE, for and in consideration of the mutual promises herein contained <br />and the payments to be made hereunder, the parties hereto agree as follows: <br />1. Delivery of Consumable Water. The Board agrees to deliver to Lessee at the Place of <br />Delivery described in paragraph 4, transmountain water or other water totally consumable <br />under Colorado law, including but not limited to, reusable return flows from transmountain <br />water rights or other fully consumable water. <br />2. Delivery of Raw Water. The water to be delivered hereunder shall be raw, untreated water. <br />Page 1 of 9 <br />