2013-03-28_HYDROLOGY - M1977151

• Permit No: M1977151
• IBM Index Class Name: HYDROLOGY
• Doc Date: 3/28/2013
• Doc Name: SWSP
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: PSH
• Media Type: D
• Archive: No

Apr
May
Jun
2013
Jul
Aug
Sep
Oct
Total
4.8
0
4.1
5.7
5.8
7.5
7.5
35.4
WATER LEASE AGREEMENT
(GRAHAM DITCH)
This Water Lease Agreement ( "Agreement ") is entered into this 12 day of
February , 2013 by and between R.M. Hiner Construction Co., Inc., "Lessee" and
GRAHAM DRAINAGE DITCH COMPANY ( "Ditch Company"), "Lessor".
RECITALS
A. The Ditch Company owns and operates, for the benefit of its shareholders, the Graham Seepage
and Drainage Canal and the water right decreed to that Structure in case Na W- 7818 -74, District Court,
Water Division No. 1 ( "Graham Ditch'). The Graham Ditch is decreed as a developed water right for up to
2800 acre feet per year. The Graham Ditch originates in Section 27 of Township 7 North, Range 66 West
of the 6 P.M., Weld County, Colorado and is capable of delivering water to the Cache La Poudre River at
two points in Section 36 of Township 6 North, Range 66 West of the 6 P.M., Weld County, Colorado.
B. Lessee intends to operate and administer a Substitute Water Supply Plan ( "SWSP'). Lessee
desires to lease water temporarily from Lessor until its permanent sources of augmentation water are in
place.
C. Lessor is willing to lease to Lessee water delivered from the Graham Ditch to the Cache La
Poudre River, and Lessee desires to lease such water, in accordance with the terms and conditions of
this agreement.
AGREEMENT
Now, therefore, in consideration of the foregoing recitals, and mutual covenants and agreements herein,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Lease. Lessor hereby leases and agrees to provide to Lessee up to 35.4 acre feet of fully
consumable water from the Graham Ditch (the "Graham Ditch Water) according to the monthly schedule
below, subject to the limitations, terms and conditions stated herein.
All values in ac -ft
2. Rent. Lessee shall pay Lessor $50 for each acre foot of fully consumable Graham Ditch Water
that is made available to Lessee in accordance with the measurement and delivery terms set forth in
Paragraph 3 of this Agreement and approved by the State Engineer for consumptive use in the SWSP.
Within five (5) days following the end of each calendar month, Lessor shall provide Lessee with a written
statement indicating the total number of acre feet of Graham Ditch Water made available to Lessee for
replacement and augmentation use during that month. Lessee's payment shall be due no later than
twenty (20) days following submission of the bill. Lessee shall make all rental payments to the Lessor in
care of the Ditch Company, and the Ditch Company shall be responsible for distributing such payments
amongst its shareholders according to their pro rata share.
3. Measurement and Delivery. The point of delivery for the Graham Ditch water leased pursuant to
this agreement shall be to the Cache La Poudre River at the point where the East Lateral of the Graham
Ditch is capable of delivering to the Cache La Poudre River in Section 36 of Township 6 North, Range 66
West of the 6 P.M., Weld County Colorado. Lessor shall make daily metered measurements of
deliveries of the Graham Ditch Water and shall provide reports of such deliveries to Lessee on a weekly
T of