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EXHIBIT <br />WATER LEASE <br />This Water Lease is made and entered into this day of i AP C f - -, 204 by and <br />between THE CITY OF THORNTON, a Colorado municipal corporation, ( "Thornton "), as Lessor <br />and AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC., an Indiana Corporation, <br />whose address Is 1707 Cole Boulevard, Suite 100, Golden, Colorado, 80401 ( "Lessee "), <br />WHEREAS, Thornton owns fully consumable water In its municipal water system, which <br />water, may be delivered to the South Platte River; and <br />WHEREAS, Thornton desires to lease to Lessee and Lessee desire to lease from <br />Thornton a portion of T hornton's fully consumable water; and <br />WHEREAS, As consideration for this Water Lease, Lessee is simultaneously selling and <br />transferring 3.0 shares in the Colorado Agricultural bitch Company (Certificate number o > to <br />Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights dated <br />2._.. , 200r <br />NOW, THEREFORE IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND <br />O} THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN AND, THE RECEIPT <br />AND ADEQUACY OF WHICH IS HEREBY MUTUALLY ACKNOWLEDGED, THE PARTIES <br />AGREE AS FOLLOWS: <br />1. Terre. This Water Lease shall be a permanent lease, subject to termination only In <br />the event that Lessee, Its heirs or assigns notify Thornton in writing that it no longer has any use <br />for, and no longer desire to use the fully consumable water. <br />2, Consideration. As consideration for this Water Lease, Lessee Is simultaneously <br />selling and transferring 3.0 shares In the Colorado Agrloultura! Ditch Company (Certificate number <br />oaa) to Thornton pursuant to the Agreement for the Purchase, Sale and Lease of Water Rights <br />dated / l'L_ , 2005' `As consideration for the 3.0 Colorado Agricultural Shares, <br />Thornton agrees to permanently lease and provide for Lessee's use the following amount of <br />fully consumable water delivered by Thornton to the South Platte River from any fully <br />consumable water rights owned by Thornton. The rate, period and location of water delivery are <br />set forth below. <br />a) Delivery Period and Rate. Thornton shall deliver fully consumable water at a rate of <br />0.035 c.f,s.fday November 1 through March 31. <br />b) Location. , Thornton agrees to deliver the fully consumable water to the South Platte <br />River in the reach from the outfail of the Metropolitan Wastewater Reclamation <br />District Central Plant to•the confluence of Big Dry Creek and the South Platte River, <br />but in any case above the calling right within that reach. <br />Exhibit D — Page 1 <br />