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Home My WebLink About20100165.tiff Esther Gesick rom: Chrys Hinze [chrys@Ilolaw.com] nt: Friday, January 22, 2010 1:05 PM o: Chris Gathman; Esther Gesick Subject: A&W Water Service, BOCC hearing date: March 3 Chris and Esther: It looks like the March 3 date is the best date considering all of the scheduling concerns—we would still need to be placed in first order on the docket due to accommodate afternoon scheduling issues. Thanks! Chrys Chrysten Hinze 355 Eastman Park Dr. #200 Windsor, CO 80550 Tel. 970.674-9888 Fax 970.674-9535 chrys(a llolaw.com Confidentiality Statement:This e-mail message and its accompanying documents may contain information which is attorney-client privileged,attorney work product or otherwise confidential and is only for the use of the intended recipient. If the reader of this message is not the intended recipient,you are herby notified that any dissemination,distribution,printing or copying of this message is strictly prohibited. If you have received this message in error,please immediately notify us by telephone and permanently delete the e-mail message,attachments and all copies. • • EXHIBIT b ()SR-jt+5 1U/L'-Cl4,j Esther Gesick _ room: Chrys Hinze [chrys@Ilolaw.com] nt: Friday, February 26, 2010 5:44 PM : Chris Gathman Cc: Esther Gesick; 'Wright, Gary'; ken@llolaw.com; kurt@cesconsultantsllc.com; 'Carrie da Silva'; Bruce Barker Subject: A&W Water Service, Inc. USR 1695 Updated Plat and Screening Plan attached (March 3 Hearing) Attachments: A&W Water_Screening Plan_022510.pdf; A&W Water_REV Plat_022610.pdf Chris, As per our discussion, attached please find the proposed screening plan and revised site plan plat. The site plan plat has been amended to show the adjusted fence line and parking area, and additional berming. Confinement areas for both existing and proposed slurry tanks have been added, as required pursuant to the Planning Commission's resolution. Sincerely, Chrysten Hinze Lind, Lawrence& Ottenhoff, LLP 355 Eastman Park Dr. #200 Windsor, CO 80550 Website: vAvA MORON,eom Tel. 970.674-9888 Fax 970.674-9535 Ilohnc.com • Confidentiality Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above- named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, printing or copying of this message is strictly prohibited. If you have received this message in error, please notify us by telephone or return the email message to us. Tha nk you. EXHIBIT • C usi2 495 I •..n a6nu,w - OOV21O7OO". LN"1O0 Ol3RI Q I I 1 �weawe�worM 'o+ 1$3Fi1 99 3°JNV21'NINON 'd1M51V1101"1£NOI1J5 �g Nd7 d 9NIN33aOS ZI$n 6a f — �� 'S1Nbl�l1SNO�IS�� Idrn Mt V' ER ........... M LAC NV-ld M.IS NSCl 09 A 1flH ?�VIH 31v'm mtv MIMI i III 1 P } N.1131 _ - . I I., i _i____I ..... ...T. _ , i : II g,,, .7., 1 w , i 4 )--A &'1)4' E i d Clt„- • ®a ck W 9 E ~ ) Z pp7 4 63 3 ♦.3 . J1 lb iii 3 \ o. , I 4 izrnr•� a I N. t ! II r3 I . ' _ . • / I ~) mo`- .1 ii . !I". 11 I ... ri I ..... ...:..:' .. .—..............ii......,�.�.�. ... \V �1 ! ✓I i n • li I Ie 1_IP! -' d I $ 14 � .. `� y • *:".‘ f?, 11 Ili ! �„ o. OQV210107',11Nf1O0 C13m ... «.: 1S301 99 39NV H ON 'dINgNi101'IE 1.01173s !Ill X77 'S1Nv1l116NOO Nv1d 1NawdO1 A d 7rnr7346 311S asn !p; ,o,wo., ,; 4.. �"�', \G'-1d �1IS asn 09 A m1-1 11-1 N31vm m>b' [111!! L�:.4J • - I , IH ?!j! i I l t $ 51I s il iiii..? ill Igi x g gis i� ,as 4. •-1 n; J1Ji1 P AI Vi'var 4.8 .co °'MCI ili i HI i i 1, I 1 - 61-4I Lg-;,,„-:. 10., I I 12 I di 1 1 iii i 1 GO p 1 4 f tt it !lit !1; . � 6 T. - • -.: ...,..•,.. . • .•• 1 ' 1 t 1' I / q` � }- P ti It .j � ti � �'t" \' i'.. N of .-.... .............. tt - .l X- 10 III APPLICANT'S PROPOSED AMENDMENTS TO DRAFT RESOLUTION USR PERMIT #1695, A&W WATER SERVICE, INC . MARCH 1 ,2010 The following consist are the Applicant's proposed changes to the proposed draft resolution of the Board of County Commissioners in this matter. Changed language areas appear in highlight. [Page 4 of BOCC Draft] 1 . Prior to recording the plat: EXHIBIT C . 2) The approved Screening Plan . CS 45) The applicant will delineate on the plat drawing a schematic of the improvements at the intersection, such as the left turn slot including lane widening , tapers, adequate turning radiuses, the extension of the pavement, all rights-of-way, easements, and haul route sign located in the appropriate location prior entering on to • State Highway 60. The following note shall be added to the plat drawing : "Traffic Improvements at the intersection of State Highway 60 and the site access shall be designed and installed per CDOT Standards. Permits and planning will be coordinated with CDOT for this construction." Also as part of this condition , a Final Drainage Plan and Report for the site shall be approved by the Department of Public Works. 67) The general location of truck parking and equipment storage shall be identified on the plat drawing . The future pipe and equipment storage area shall be moved on the plat to the same location as on the drainage plat. [Page 5 of BOCC Draft] H . A secondary containment structure surrounding each existing tank or battery of tanks, used for slurry storage or mixing , shall be constructed . The volume retained by the structure shall be 110 percent greater than the volume of the largest tank inside this structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area, prior to cleanup. The following shall not apply to tanks raised on skids, risers or other means, allowing the bottom of the tanks to be viewed for inspection: For tanks stored in direct contact with the ground, a concrete secondary containment structure (floors and • walls) shall be constructed. The structure shall be designed by a Colorado registered professional engineer. The Department will consider structures, other than those constructed of concrete, so long as a Colorado registered professional engineer provides a certification 1 • indicating that the proposed structure meets or exceeds the expected functionality of a concrete structure in regard to containment, spills, unintended releases, etcetera. Evidence of approval of the design by the Department of Public Health and Environment, and evidence that appropriate building permits have been applied for the containment facility, shall be provided to the Department of Planning Services. [Page 6 of BOCC Draft] The septic system serving the existing residence, which the applicant intends to use for office space, shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load . The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current Weld County I . S. D. S. regulations. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. In lieu of the foregoing , a written statement submitted to the Weld County Department of Public Health and Environment stating that the Applicant will not be putting the existing septic system into use but will , instead, be installing a new system to be permitted by the County will satisfy this condition . J . The applicant shall address the requirements (concerns) of the Weld County Department of Public Works as stated in their referral response dated December 9, 2009 except as is otherwise set forth in the conditions and Development Standards of this Resolution and except as follows: 1 ) that the reference to 300 feet of paving which shall be limited to paving of the east 100 feet of the site access road with a double cattle guard, installing the stop sign and haul route sign in the appropriate locations approved by Public Works prior to recording the plat 2) the spillway as presently proposed , with rip-rap and erosion protection , is acceptable if located on the A&W Water Service property and not within the existing Highway 60 right of way; 3) existing USGS topographical data is acceptable to show the topography for 200 feet outside the USR boundary; and 4) otherwise approved by Weld County Public Works. Evidence shall be submitted in writing to the Weld County Department of Planning Services. L. The applicant shall submit a Screening Plan to the Department of Planning Services , for review and approval. M . Screening or berming west and north of the water supply and storage area as delineated on the screening plan shall be accomplished prior to • recording the plat. The applicant can propose temporary opaque screening should the applicant propose to install a berm that cannot be installed until the spring season . Evidence that screening has been 2 • installed shall be provided to the Department of Planning Services for review and approval prior to recording the plat. [Page 7 of BOCC Draft] P. The applicant shall address the requirements of the Farmers Independent Ditch Company, as outlined in the letter from Bernard Lyons Gaddis and Kahn , dated October 28, 2009. Written evidence of such shall be provided to the Department of Planning Services. Q. The Colorado Department of Transportation (CDOT) has jurisdiction over the accesses onto State highways. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT) as stated in their referrals received December 2, December 9, and December 28, 2009, including CDOT's requirements concerning the secondary access on the north side of the USR, which is limited to emergency and oil and gas uses. Written evidence of such shall be provided to the Department of Planning Services. • 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall p p submit a Mylar plat, along with all other documentation required as Conditions of Approval . The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred and eighty ( 180) days from the date of the Board of County Commissioners Resolution . The applicant shall be responsible for paying the recording fee. • 3 • DRAFT SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS A & W WATER SERVICE, INC. USR-1695 3. Hauling hours (truck trips to and from the facility) shall be as follows: most hauling will occur between the hours of 6: 00 AM and 8:00 PM Monday through Sunday. Oil field demands may require hauling outside of daylight hours , between the hours of 8: 00 P. M . and 6:00 A. M. , Monday through Sunday. [Page 2 of BOCC Draft] 184-9. The screening on the site shall be maintained in accordance with the approved Screening Plan . S S 4 • Jennifer VanEgdom From: wolfer22 [wolfer22@hughes.net] Sent: Tuesday, March 02, 2010 10:21 AM To: Jennifer VanEgdom Subject: USR 1695 A&W Water Attachments: AW2.20.09-041 .JPG; AW3.21 .07-054.JPG; AW6.05.06-024.JPG These three are considered "SET 1 ". The message is ready to be sent with the following file or link attachments: AW2.20.09-041 AW3 .21 .07-054 AW6.05.06-024 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. i• EXHIBIT • .i I II "Is * i I • I I /11 - II .11lek • I' l•c - _ I ' • ♦'- * I L I ■ TIN ti- f ■ f 1. ♦ . . . II t i.1 tiIa . . I 4 _ h . t 0 _ Y. . : il; gi, IP 1 Sir . - 1 1 1 E. 1 i r 4. } . r - 4 � ! �. + A .1 1 f 1 I t it 4 a A 1 1 J la 1 ilitsimsr_ I [ J I I J r 1 I rx ImIL. muill r ' ji 1 .It 1 41 allialligir lilt IA t 1 4 a if imegi lie N iitirall ` T D 1 -mow .,gi 1 1 i . • 4 •-fl I%. I 1 I • i I y li I t r I 1 III 1 -gill I - 1 . alb"' ii...• t r a . _ jai _ • 1✓ ■ t •0 I 4. I . 1 t a k ` • `q . O a.• 1 tit 41. 1 th riri ie lit ' \ ',. • , i. , .. „1/4... ... t _ . ... ..S, %k . • Ile JP. h _ ? k1 • Jennifer VanEgdom From: wolfer22 [wolfer22@hughes.net] Sent: Tuesday, March 02, 2010 10:22 AM To: Jennifer VanEgdom Subject: USR 1695 A&W Water #2 Attachments: NBL2.20.09-071 .JPG; NBL2. 17.09-035.JPG These two would be considered "SET 2". The message is ready to be sent with the following file or link attachments: NBL2.20.09-071 NBL2. 17.09-035 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. III 0 EXHIBIT - , i • r t •� i _ ausomanimmummeNalle. • iii _ ii _ _ � ir imailiArMa I] f • • . • _ _ _ _ _ _ ti I• II • - r � I I _- _ } • J I - I / el 1 , • • L L I l_ II I I I It 11 ■ II:I 1 11 • I r1 1 r III I I II L jT . • ■ y, r • � r /1 • - 1 • 1 I I II , 1 • Jennifer VanEgdom From: wolfer22 [wolfer22@hughes.net] Sent: Tuesday, March 02, 2010 10:24 AM To: Jennifer VanEgdom Subject: USR 1695 A&W Water #3 Attachments: AW11 . 11 .09-090.JPG; AW5.29.09-029.JPG These two would be considered "SET 3". Thanks for your help! Diane G. Wolfe 970-737-2225 The message is ready to be sent with the following file or link attachments: AW 11 . 11 .09-090 AW5.29.09-029 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. •• EXHIBIT 1 ,j; • _1160 1 I I,- • sr II ii I 1 • I # . I Ill ilviviRP 4. II- mil Jet , . I • 1 • r. - t • _ _ '; 4 - ♦ P c . N f I. - :a. 4 Z t. 1 4 , • ,� R r • r ..4 1 • 1 ♦ a- r - r .4•14. - rrl i I I I . I 1 - r 3 r1r Pak ' M « tis— it. •• r . a 1 hid • l • 7 1 WI R a i" Ijt • -- _ I ,y . - . - II ; it a . i 1 i Cr. III 1 . • t r ) I 4 A ,„ - 4 4 4 f. T 1 . i. # i . . y 7 i OF • et rib ► • 1 . ,- . t r L • I ,- _ V I9 k : i , i 1 '4.1 i. 1 ii Pik. • ihtifr T • Jennifer VanEgdom From: Matthew Machado [MMachado@Igkhlaw.com] Sent: Tuesday, March 02, 2010 1:56 PM To: Chris Gathman; Jennifer VanEgdom Cc: fsdefi@msn.com; 'Donna Coble' Subject: RE: A&W (USR-1695) October letter Attachments: 20091028-MDM-Gathman.pdf; 20091030 email from Hinze.pdf; 20091125 email MDM -Gathman.pdf Chris, A copy of the letter is attached. Thanks for following up. I will attempt to address this issue with Chrys Hinze. Let me know if you need anything else. Matt Matthew Machado LYONS GADDIS KAHN & HALL, PC P.O. Box 978 Longmont, CO 80502-0978 303-776-9900; Facsimile 303-776-9100 mmachado@Igkhlaw.com www.lgkhlaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN • INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Tuesday, March 02, 2010 11:32 AM To: Matthew Machado Subject: A&W (USR-1695) October letter Matthew, I don't know what the deal is with this letter. I thought I had sent over the latest letter from your office re: the A&W water site over to our County Commissioners Office. But I was checking on our online file system and do not see it (we have all of your previous referral letters through July 2009 but not the October letter). Could you please e-mail me a copy of this letter to jvanegdom@co.weld.co.us and copy me at cgathman@co.weld.co.us. We can then get this in the record as an exhibit that the County Commissioners can review. In follow up to our discussion re: placing a note on the plat preventing the applicant's discharge into the river. I spoke with our staff about this and staffs concern is that a development standard obligates the county to enforce a standard agreed to by two private properties (A&W &the ditch company). We are therefore recommending a condition of approval (allowing the two parties to reach an agreement) vs. a note on the plat. • Let me know if you have any questions and I apologize re: the letter. EXHIBIT FYI: I will be in land use hearings for a good portion of this afternoon. I • Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 • • 2 Richard N.Lyons, II Lyons Gaddis Kahn Hall • Jeffrey J. Kahn —. Eve I. Canfield John W.Gaddis A Professional Corporation C` Attorneys and.Counselors Scott E.Holwick Bradley A.Hall Matthew Machado Steven P.Jeffers Madoline Wallace-Gross Anton V.Dworak Chad A. Kupper Adele L. Koester Daniel F.Bernard Catherine A.Tallerico Senior Counsel Special Counsel October 28, 2009 Chris Gathman Weld County Planning Department 918 10th Street Greeley, Colorado.80631 ^ , Re: Site Specific Development Plan by A&W Water Service, Inc., USR-1695 Dear Chris: Farmers Independent Ditch Company("FIDCo") is a referral agency for the above-referenced USR-1695. FIDCo previously submitted comments on April 2, 2009, and revised comments • on July 15, 2009 and on September 30, 2009 (copy attached). The description of the borrow ditch along Highway 60 contained in the term and condition proposed in the September 30, 2009 was inaccurate. The following term and condition corrects that error by changing"the borrow ditch on the east side of Highway 60" to "the borrow ditch that runs along Highway 60: Based on the grounds set forth in the September 30, 2009 letter, FIDCO requests that the following term and condition be included in any USR permit approved in this matter: Applicant shall not cause discharges and shall take measures to prevent any discharges or runoff from Applicant's property within the USR boundary from entering into the irrigation ditch owned by the Farmer's Independent Ditch Company ("FIDCo Ditch"), unless Applicant and FIDCo enter into a written agreement allowing the same. Discharges include direct discharges into the FIDCO Ditch, discharges that enter the FIDCo Ditch via the borrow ditch that runs along Highway 60, and discharges that enter the FIDCo Ditch via the tailwater ditch located along the western USR boundary. Prohibited discharges to the FIDCo Ditch would include stormwater runoff from Applicant's land within the USR boundary that enters the FIDCo Ditch via any route. Applicant shall construct and maintain adequate berms on its property as necessary to prevent stormwater runoff or other discharge from entering the FIDCo Ditch. • 515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978 Phone: 303-776-9900 • Fax: 303-776-9100 • www.lgkhlaw.com Lyons Gaddis Kahn & Hall • A Professional Corporation C r Attorneys and Counselors Chris Gathman October 28,2009 Page 2 Please send all future correspondence regarding this matter to my attention at the Law Offices of Lyons Gaddis Kahn & Hall. PC. 515 Kimbark St.. 2"d Floor. P.O. Box 978, Longmont.CO 80502, Thank you for your attention to this matter. Sincerely, LYONS GADDIS KAHN&HALL, PC Steven P.Jeffers sjeffers@Igkhlaw.com Matthew Machado mmachado@Igkhlaw.com Enclosure cc: Frank Eckhardt, Presdient • Donna Coble,Secretary • F:\CLIENT91F1FIDCDIAW USR120091028-MDM-OATNMAN.DOC 10/28/09 2:12 PM • Matthew Machado From: Matthew Machado Sent: Wednesday, November 25, 2009 4:48 PM To: 'Chris Gathman (cgathman@co.weld.co.us)' Subject: FW: Site Specific Development Plan by A&W Water Service, Inc., USR-1695 Attachments: 20091028-M D M-Gathman.pdf Chris, Thanks for your voice mail. The email I was referring to is copied below. Is there any chance this condition would not be included in any permit, and is there any need for a FIDCo representative to attend the Jan 5 meeting? Thanks. Matt Matthew Machado LYONS GADDIS KAHN & HALL, PC P.O. Box 978 Longmont, CO 80502-0978 303-776-9900; Facsimile 303-776-9100 mmachado@Igkhlaw.com www.Igkhlaw.com CONFIDENTIALITY STATEMENT'THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION,PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US.THANK YOU. • Please visit our newly designed website at www.lgkhlaw.com From: Chrys Hinze [mailto:chrys@llolaw.com] Sent: Friday, October 30, 2009 2:22 PM To: 'Chris Gathman' Cc: Matthew Machado; 'Gary Wright' Subject: FW: Site Specific Development Plan by A&W Water Service, Inc., USR-1695 Chris, A&W Water Service is willing to accept the proposed condition set forth in FIDCO'S October 28 2009 letter, attached. Chrysten Hinze 355 Eastman Park Dr.#200 Windsor,CO 80550 Tel.970.674-9888 Fax 970.674-9535 chrys@Ilolaw.com Confidentiality Statement:This e-mail message and its accompanying documents may contain information which is attomey-client privileged,attorney work product or otherwise confidential and is only for the use of the intended recipient. If the reader of this message is not the intended recipient,you are herby notified that any dissemination,distribution,printing or copying of this message is strictly prohibited. If you have received this message in error,please immediately notify us by telephone and permanently delete the e-mail message,attachments and all copies. From: Matthew Machado [mailto:MMachado@Igkhlaw.com] • EXHIBIT Wednesday, October 28, 2009 2:51 PM 111l To: chrys@llolaw.com I T 1/15/2010 Cc: fsdefi@msn.com; Donna Coble • Subject: FW: Site Specific Development Plan by A&W Water Service, Inc., USR-1695 Chrys, Attached is a letter I sent to Chris Gathman today to clarify the term and condition that Farmers Independent is requesting. I received the notice of the December 1 hearing today. Is A&W willing to accept the proposed term and condition,and, if so, would you be willing to communicate that to Weld County so that FIDCo does not have to raise the issue at the hearing? Please let me know. Thanks. Matt Matthew Machado LYONS GADDIS KAHN& HALL, PC P.O. Box 978 Longmont, CO 80502-0978 303-776-9900; Facsimile 303-776-9100 mmachado@Igkhlaw.com www.Igkhlaw.com CONFIDENTIALITY STATEMENT:THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION,PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US.THANK YOU. Please visit our newly designed website at www.lgkhlaw.com From: Brenda K. Hartshorn Sent: Wednesday, October 28, 2009 2:45 PM To: Chris Gathman (cgathman@co.weld.co.us) Cc: Matthew Machado • Subject: Site Specific Development Plan by A&W Water Service, Inc., USR-1695 Per Mr. Machado's request, please see the attached documents. Thank you. Brenda Hartshorn Brenda K. Hartshorn, Legal Assistant LYONS GADDIS KAHN & HALL, PC P.O. Box 978 Longmont, CO 80502-0978 303-776-9900; Facsimile 303-776-9100 bhattshom@Igkhlaw.com www.lgkhlaw.com CONFIDENTIALITY STATEMENT:THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION,PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US.THANK YOU. Please visit our newly designed website at www.lgkhlaw.com • 1/15/2010 BOARD OF COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS February 21, 2010. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1695 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign , . I 7 NJ ��_ a_ h4.,i. . Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ;t1a� The foregoing instrument was subscribed and sworn to me this 0-- lday of nskrCh , 2010. WITNESS my hand and official seal. tary P J��L.. My Commission Expires: V)--I y- EXHIBIT 1 .,F. Y Y � r a .. 'Mnaov'. �,ta-.5 . 4 tfC e. 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"�. . : WATER DIVISION NO. 1, STATE OF COLORADO DISTRICT COURT, WELD COUNTY 901 9`h Avenue Greeley, CO 80631-1113 CONCERNING THE APPLICATION FOR WATER RIGHTS OF A&W WATER SERVICE, INC. ♦COURT USE ONLY IN WELD COUNTY Case No.: 05CW40 CORRECTED FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECREE OF THE WATER COURT This Application for Plan for Augmentation including Change of Water Rights was filed in the Water Court,Water Division No. 1, by A&W Water Service, Inc. ("Applicant"). The court, having considered the pleadings, evidence and arguments presented and the stipulations of the parties, and being fully advised in the premises, hereby finds, concludes, adjudicates and decrees as follows. FINDINGS OF FACT 1. Name and Address of Applicant. A&W Water Service, Inc., P.O. Box 287, Fort Lupton, Colorado 80621. Telephone: (303) 659-6523. 2. The Application. The application was filed with the court on February 28, 2005. Amendments were filed on March 31, 2006, June 30, 2006, and September 28, 2006. The application was re-referred to the Water Judge by order dated July 11, 2007. 3. Notice and Jurisdiction. All notices of this matter required by law have been fulfilled and the court has jurisdiction over the subject matter of this application and over all persons and property affected by it, irrespective of whether they or its owners have appeared. 4. Statements of Opposition. Statements of opposition were filed by City of Aurora, City of Boulder, Centennial Water and Sanitation District, City of Englewood, City of Thornton, Denver Water Board, East Cherry Creek Valley Water and Sanitation District, FRICO, State and Division Engineers, Irrigationists Association of Water District 1, Northern Colorado Water Conservancy District,Platte Valley Irrigation Company, Platteville Irrigating &Milling Company, Public Service Company, South Adams County Water and Sanitation District, and the Lower South Platte Water Conservancy District. No other statements of opposition have been filed and the time for filing statements of opposition has expired. EXHIBIT Page 1 of 31 J Y 5. Summary of Consultation. The Division Engineer issued a summary of consultation letter on July 7, 2005. Applicant served copies of the letter on the objectors and responded to the consultation items by letter dated September 30, 2005. The court has duly considered the summary of consultation comments. 6. Stipulations. Stipulations or settlements were entered into between Applicant and the objectors as follows: 6.1. Lower South Platte Water Conservancy District withdrew its statement of opposition on April 17, 2007. 6.2. Irrigationists' Association, Water District No. 1 withdrew its statement of opposition on March 11,2009. 6.3. The City of Aurora stipulated to entry of a decree on November 2,2009. 6.4. FRICO stipulated to entry of a decree on November 10, 2009. 6.5. Platte Valley Irrigation Company stipulated to entry of a decree on November 12, 2009. 6.6. The City and County of Denver acting by and through its Board of Water Commissioners stipulated to entry of a decree on November 25,2009. 6.7. Public Service Company stipulated to entry of a decree on November 12, 2009. 6.8. The City of Englewood stipulated to entry of a decree on November 13, 2009. 6.9. The Farmers Independent Ditch Company stipulated to entry of a decree on November 13, 2009. 6.10. East Cherry Creek Valley Water and Sanitation District stipulated to entry of a decree on November 17, 2009. 6.11. The City of Thornton stipulated to entry of a decree on November 18, 2009. 6.12. The Platteville Irrigating and Milling Ditch Company stipulated to entry of a decree on November 19, 2009. 6.13. The Northern Colorado Water Conservancy District stipulated to entry of a decree on December 3, 2009. 6.14. The City of Boulder stipulated to entry of a decree on December 11, 2009. Page 2 of 31 6.15. Centennial Water and Sanitation District stipulated to entry of a decree on December 11, 2009. 6.16. The State and Division Engineers stipulated to entry of a decree on December 11, 2009. SURFACE WATER RIGHTS 7. Recharge Proiects. Applicant is entitled to a decree for the following recharge projects, including recharge surface diversions and recharge ponds as described in the succeeding paragraphs. 8. Name of structure: A&W Recharge Project,Farmers Independent Ditch. 8.1 Legal description of point of diversion: The headgate of the Farmers Independent Ditch in the SW 1/4 of the SW'A, Section 19,Township 3 North,Range 66 West, 6`"P.M., Weld County, Colorado. 8.2 Source: South Platte River. 8.3 Date of appropriation: October 8, 2004. 8.4 Amount: 10 c.f.s., conditional. 8.5 Use: Augmentation,replacement, aquifer recharge, and exchange uses in the Plan for Augmentation, changes of water rights and exchanges approved in this decree. Applicant claims the use, reuse, and successive use of the water diverted to extinction, either directly or by exchange, as decreed in this decree. 8.6 Description of recharge: Water is diverted at the point described in Paragraph 8.1 and is delivered to recharge ponds and allowed to percolate from the ponds into the underground aquifer for Applicant's stated beneficial uses. The following initial recharge ponds have been constructed. These ponds may be modified and other ponds added as long as the source of water is from the same diversion point described above, Applicant provides notice to the objectors and the Division Engineer as described in Paragraph 10, and the Division Engineer approves modification of the existing pond or use of the new pond. The West Pond and East Pond described below are connected by a 20"-diameter pipe and are operated and accounted for as a single pond with respect to deliveries of water and calculation of recharge accretions. The ponds are shown on the aerial photo attached hereto as Exhibit 9. 8.6.1 West Pond. Located approximately 1,343 feet west of the east section line and 1,625 feet south of the north section line of Section 31, Township 4 Page 3 of 31 North, Range 66 West, 6th P.M.,Weld County, Colorado. Surface area: 4.3 acres. Capacity: 28 acre feet. 8.6.2 East Pond. Located approximately 1,325 feet west of the east section line and 1,975 feet south of the north section line of Section 31, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado. Surface area: 9.4 acres. Capacity: 43 acre feet. 9. Name of structure: Wright Recharge Project, Lupton Bottom Ditch. 9.1 Legal description of point of diversion: The headgate of the Lupton Bottom Ditch in the NW '/ of the SW '/, Section 19, Township 1 North, Range 66 West, 6th P.M., Weld County, Colorado. 9.2 Source: South Platte River. 9.3 Date of appropriation: November 11, 2004. 9.4 Amount: 2 c.f.s., conditional. 9.5 Use: Augmentation, replacement, aquifer recharge, and exchange uses in the Plan for Augmentation, changes of water rights and exchanges approved in this decree. Applicant claims the use,reuse, and successive use of the water diverted to extinction, either directly or by exchange,as decreed in this decree. 9.6 Description of recharge: Water is diverted at the point described in Paragraph 9.1 and is delivered to recharge ponds and allowed to percolate from the ponds into the underground aquifer for Applicant's stated beneficial uses. The Wright Recharge Pond, described below, has been constructed. This pond may be modified and other ponds added as long as water is diverted from the same diversion point described above, Applicant provides notice to the objectors and the Division Engineer as described in Paragraph 10, and the Division Engineer approves modification of the existing pond or use of the new pond. 9.6.1 Wright Recharge Pond: Located approximately 865 feet west of the east section line and 1636 feet north of the south section line, Section 1, Township 1 North, Range 67 West, 6th P.M.,Weld County, Colorado. Surface area: 1 acres. Capacity: 2.3 acre feet. 10. Notice of New or Modified Recharge Ponds. The notices required in Paragraphs 8.6 and 9.6 shall be given 60 days before the modified or new recharge pond is used, and shall include at least the following information: (1) a description of the proposed modification of any existing pond; (2) the location of any new pond; (3)the increased or new capacity of the pond; (4)the surface area of the pond; and (5)the W, X,and T values which Applicant proposes to use to determine the effect of the increased or new accretions on the South Platte River. Page 4 of 31 11. Measurement and Accounting for Recharge Ponds. The net monthly volume of recharge to the alluvial aquifer at each of the recharge ponds will be determined by measuring the amount of water delivered to each recharge pond by use of a continuous recording measuring device, and by subtracting: 1)the amount of water that was lost to evaporation from each recharge pond, as determined by the method described in Paragraph 12; 2)the amount of water lost to consumptive use due to vegetation located in each recharge pond,which will be determined by multiplying the area of each recharge pond in acres that is covered by vegetation during the two months following any month in which water is in the pond,by the monthly factors,which are in feet, shown in the table below; 3)releases or discharge of water from each pond; and 4) the amount of water retained in each recharge pond that has not yet percolated into the ground. The West Pond, East Pond, and Wright Recharge Pond each have and shall continue to have a staff gauge installed such that the gauge registers the lowest water level at the recharge pond and all gauges have been approved by the Water Commissioner. Any additional ponds constructed as described in Paragraphs 8.6 and 9.6 shall have installed staff gauges that comply with this paragraph. The staff gauges are and shall continue to be readable from a readily accessible location adjacent to the pond. The staff gages shall be read weekly and the data interpolated to arrive at daily levels. The staff gauge data shall be used to determine(1)the volume of the water in the recharge pond, and(2)the exposed surface area of water, in acres. Accounting shall be on a daily basis using accounting forms attached to this decree as Exhibit 8. Monthly Vegetation Factors(feet) Apr May Jun Jul Aug Sep Oct .08 .16 .27 .40 .35 .22 .08 12. Recharge Pond Evaporation. The Applicant shall determine the exposed water surface area of the recharge ponds as described in Paragraph 11. The amount of water lost to evaporation in each recharge pond shall be determined by multiplying the exposed water surface area by the rate of net evaporation for the days of exposed water surface. The Applicant shall use real time net evaporation determined using data from the Northern Colorado Water Conservancy District's(NCWCD)Gilcrest weather station, or, if unavailable, from the NCWCD Fort Lupton weather station. If data from one of these stations is not available,then the average evaporation loss values in the table below, which are in feet per acre per month of exposed surface area, shall be used to determine recharge pond evaporation. The monthly evaporation values shall be prorated to the number of days each month of exposed water surface area in each recharge pond. Real time net evaporation will be determined as follows: Site-specific data obtained from the NCWCD Gilcrest weather station(or from the Fort Lupton station if Gilcrest data are unavailable)will be used in the calculations. Gross pan evaporation will be computed by multiplying daily standard alfalfa reference ETr, in inches,by 1.2 to yield gross pan evaporation, in inches. Gross pan evaporation will be multiplied by 0.7 to obtain gross pond evaporation, in inches. Net pond evaporation will be computed as gross pond evaporation minus effective precipitation, where effective precipitation is total daily precipitation, in inches, multiplied by 0.7. Page 5 of 31 Averaee Monthly Evaporation (feet) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec .11 .13 .20 .32 .43 .52 .54 .48 .36 .25 .14 .11 13. Lagging of Recharge. The net volume of recharge from the ponds shall be lagged to the South Platte River using the Glover method described in Paragraph 30.3 and the aquifer parameters shown in Exhibit 1 attached to this Decree. 14. Accounting for Sources of Recharge. Applicant will record deliveries to the A&W Recharge Project as either changed shares in the Farmers Independent Ditch Company described in Paragraph 18.3,deliveries under the junior recharge right, and deliveries of exchanged excess augmentation credits generated under this decree, and will track the volume of water from each source separately in its accounting. Total evaporation, consumptive use due to vegetation and changes in storage will be prorated according to the account balance in the ponds for the sources on a daily basis. 15. Limitation on Diversion and Use of Recharge Water Rights. The diversion and use of the water rights to be used for recharge, set out in Paragraphs 8 and 9, are intended to provide the amounts necessary to replace depletions occurring from pumping of the wells included in this decree and to replace historical return flows from the water rights changed by this decree. Applicant shall not divert the recharge water rights without first obtaining permission of the Water Commissioner. Applicant and its successors in interest are and shall be prohibited from diverting water to recharge under this decree with the intention or for the purpose of creating a permanent supply of water for use by any other person or entity. However, at times it may not be possible for Applicant to match the timing of the recharge credits with the timing of the augmentation and replacement obligations under this decree. Therefore, when water diverted to recharge is not needed to replace depletions from the wells included in this decree or to satisfy the historical return flow obligations associated with the water rights changed by this decree,and if the Applicant does not have a water supply need to redivert the water for its own augmentation or replacement uses by exchange under Paragraphs 34-38 of this decree, then Applicant may lease the amount of water not otherwise required for Applicant's diversion and use, for a period not to exceed one year at a time,to other persons or entities for use under substitute water supply plans approved by the State Engineer pursuant to C.R.S. § 37-92-308 or successor statutes,or decreed plans for augmentation. If such recharge water is used by any other water user in five separate years, such other water user shall be required to apply to the court for and obtain a decree authorizing the use of such recharge water in order for such use to continue. 16. Location of Recharge. Recharge accretions reach the South Platte River in the following locations: 16.1 A&W Recharge Project: Located approximately 925 feet east of the west section line and 1,675 feet south of the north section line of Section 25, Township 4 North, Range 67 West, 6th P.M., Weld County, Colorado. Page 6 of 31 16.2 Wright Recharge Pond: Located approximately 775 feet east of the west section line and 530 feet north of the south section line, Section 6, Township 1 North, Range 66 West, 6th P.M., Weld County, Colorado. GROUND WATER RIGHTS 17. Applicant is entitled to a decree confirming the following ground water rights. 17.1 Name of Structure: Well No. 66220-F. 17.1.1 Location: 1775 feet west of the east section line, and 2342 feet south of the north section line, SW '/ NE '/ of Section 31, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado. 17.1.2 Source: Ground water tributary to the South Platte River. 17.1.3 Date of appropriation: October 8, 2004. 17.1.4 Amount: 0.44 c.f.s., absolute, 1.79 c.f.s., conditional, 650 AF per year in conjunction with Well No. 66221-F. 17.1.5 Uses: commercial and industrial. 17.1.6 Date water was placed to beneficial use in the amount claimed as absolute: October 2008. 17.2 Name of Structure: Well No. 66221-F. 17.2.1 Location: 1807 feet west of the east section line,and 2535 feet south of the north section line, SW '/ NE '/ of Section 31, Township 4 North, Range 66 West, 6th P.M.,Weld County, Colorado. 17.2.2 Source: Ground water tributary to the South Platte River. 17.2.3 Date of appropriation: October 8, 2004. 17.2.4 Amount: 0.28 c.f.s., absolute, 1.92 c.f.s., conditional, 650 AF per year in conjunction with Well No. 66220-F. 17.2.5 Uses: commercial and industrial. 17.2.6 Date water was placed to beneficial use in the amount claimed as absolute: July 2008. Page 7 of 31 CHANGE OF WATER RIGHTS 18. Water Rights to be Changed: Farmers Independent Ditch. Applicant is changing water rights represented by 25 shares of the Farmers Independent Ditch Company,represented by stock certificate numbers 1135 and 1146. The water rights represented by the shares are referred to as"the 25 Shares." Fourteen of the 25 Shares were included in the original application filed on February 28,2005. Eleven of the 25 Shares were included in the third amendment to the application filed on September 28, 2006. 18.1 Previous Decree. The Farmers Independent Ditch was decreed in Case No. CA6009 on April 28, 1883, with an appropriation date of November 20, 1865, for 61.6 c.f.s. and an appropriation date of November 20, 1876, for 85.4 c.f.s. from the South Platte River for irrigation purposes. The Farmers Independent Ditch headgate is located on the east bank of the South Platte River in Section 19,Township 3 North, Range 66 West of the 6th P.M.,Weld County, Colorado. The 25 Shares consist of 1.925 c.f.s. for the 1865 right and 2.669 c.f.s. for the 1876 right. These flow rates are set forth in this decree solely for the purposes of tabulation and are not intended to serve as a term or condition governing the delivery or use of the shares. 18.2 Historical Use. The 25 shares were historically used on two different farms. Eleven shares were used on a farm known as the Linden Farm and 14 shares were used on a farm known as the Farr Farm. The farms are shown on the map attached as Exhibit 2. Crops grown on the farms included sugar beets, corn,trees, onions, vegetables, dry beans, alfalfa, spring wheat, and potatoes. The estimates of historical consumptive use and return flows associated with the 25 shares are the result of a demand-based analysis, which is a refinement of a pro rata analysis. Water deliveries to the farms were initially calculated based on pro rata river headgate diversions, and then limited to those deliveries required to allow crop demands to be met and to fill the soil moisture reservoir. 18.2.1 Farr Farm. The Fan farm is located in the NE 'A and the SE ''A of Section 31,Township 4 North, Range 66 West, 6th P.M.,Weld County, Colorado. This farm was irrigated with 14 shares of FIDCO and 6 irrigation wells(Permit Nos. 13420 RR, 13421 RR, 13418 RR, 13419 RR, 13416 RR, and 13417 RR). A study period of 1958-2003 was selected which the court finds is representative of long-term use of the shares on the farm. Average irrigation efficiency was determined to be 52%based in part on interviews with farmers with knowledge of the historical operations. The area irrigated with the shares over the study period was 155.6 acres. 18.2.2 Linden Farm. The Linden farm is located in the SE ''A of Section 30, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado. This farm was irrigated with 15 shares of FIDCO, of which Applicant owns 11, and one irrigation well (Permit No. 1746). Applicant's engineers conducted their historical use analysis on the 15 shares and then pro-rated the results for Page 8 of 31 Applicant's 11 shares. A study period of 1949-2003 was selected,which is representative of long-term use of the shares on the farm. Average irrigation efficiency was determined to be 60%based in part on interviews with farmers with knowledge of the historical operations. The area irrigated with the 15 shares over the study period was 73.7 acres. The irrigated area attributable to 11 of the 15 shares was 54 acres. 18.2.3 Ditch Loss. Ditch loss was assumed to be 25%,based on information from ditch company representatives. 18.2.4 Historical Farm Headgate Deliveries and Crop Consumptive Use. For the 14 shares,the farm headgate delivery averaged 191.6 acre feet annually during the study period selected for the Fan farm. The annual historical on-farm net depletion of surface water supply of the 14 shares for the same period averaged 99.6 acre feet. For the 11 shares,the farm headgate delivery averaged 132.1 acre feet annually during the study period selected for the Linden farm. The annual historical on-farm net depletion of surface water supply of the 11 shares for the same period avenged 79.2 acre feet. 18.2.5 Return Flows. The annual historical return flows accruing to the South Platte River as a result of the irrigation use of the 14 shares averaged 92.0 acre feet, and for the 11 shares averaged 52.9 acre feet. The return flows from the Fan and Linden farms were considered to be 100% subsurface. The Fan farm return flows accrued to the South Platte River in the SW '/ of the NW '/4 of Section 25, Township 4 North, Range 67 West, 6s'P.M.,Weld County, Colorado. The Linden farm return flows accrued to the South Platte River in the NE 1/4 of the SE '/4 of Section 24, Township 4 North,Range 67 West, 6th P.M., Weld County, Colorado. The return flows were lagged to the South Platte River using the Glover method in the Integrated Decision Support Group's Alluvial Water Accounting System (AWAS)model. The average monthly total lagged return flows for the 25 shares are shown below,units are acre feet. Average Monthly Lagged Return Flows for 25 shares{ac-ft) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 12.5 12.5 12.4 123 12.1 12.0 11.8 11.6 11.6 11.8 12.0 12.3 144.9 18.3 Proposed Change of Use. Applicant will use the historical consumptive use portion of the 25 shares as a source of substitute and replacement supply in the Plan for Augmentation set out below. The 25 shares may be delivered to Applicant's recharge ponds under the Farmers Independent Ditch,which are described in Paragraph 8.6 above, or returned to the South Platte River through existing or new augmentation stations on the ditch, subject to Applicant first obtaining a written agreement with the Farmers Independent Ditch Company and approvals by the ditch company and the owner(s)of the stations. Any augmentation stations used by Applicant shall be equipped with recording measuring devices as required by the Water Commissioner or Division Engineer. Page 9 of 31 Applicant claims the right to fully consume the consumable portion of all water lawfully diverted under the changed water rights pursuant to the terms of this decree, upon which all return flows owed to the stream have been paid, to extinction through use,reuse, and successive use, either directly by returning such water to the South Platte River to replace stream depletions or historical return flows, or after use as a substitute supply in the exchange described in Paragraphs 34-38, or by disposition. Disposition of the consumable portion of the changed water rights is subject to the limitations on leasing described in Paragraph 15 for recharge water rights. Applicant claims the appropriation of historical return flows for all purposes described in this decree and will replace return flows from the 14 shares only in response to calls senior to February 28,2005,and from the 11 shares only in response to calls senior to September 28, 2006. 18.4 Terms and Conditions for Future Use of the 25 Shares. All diversions of the 25 shares shall continue to be made through the river headgate of the Farmers Independent Ditch,and water so diverted shall be delivered to either Applicant's recharge ponds or to augmentation stations located on the Fanners Independent Ditch, less ditch loss as assessed by the ditch company. Use of augmentation stations is contingent upon obtaining the approval of the Farmers Independent Ditch Company and the owners of the structures. 18.4.1 Seasonal Limitation. Future deliveries of the 25 shares are limited to the time period April 1 to October 31. 18.4.2 Maximum Monthly Volumetric Limitations. Deliveries of the 25 shares shall be limited to the following maximum monthly amounts, which shall apply to the total deliveries to recharge ponds and augmentation stations: Maximum Monthly Volumetric Limitations(ac-ft) Apr May Jun Jul Aug Sep Oct 29.5 56.3 97.3 125.3 121.3 81.1 40.1 18.4.3 Maximum Annual Volumetric Limitation. Annual deliveries of the 25 shares pursuant to this decree shall not exceed 444.5 acre feet per year. 18.4.4 Twenty-Year Annual Total Volumetric Limitation. Deliveries made pursuant to this decree over any consecutive 20-year period shall not exceed a total of 6,447 acre feet. The allowable delivery in the current year as related to the operation of the 20-year annual total volumetric limitation shall be calculated as follows: (1) Sum the previous 19 years of measured deliveries pursuant to this decree; (2) Subtract the sum from 6,447 acre feet. To calculate the 20-year annual total volumetric limitation for all years prior to first year in which this decree is in effect, Applicant shall assume that deliveries were equal to 322.5 acre feet per year, a value that is based on the average annual farm headgate deliveries made over the course of the study period. Page 10 of 31 18.4.5 Twenty-Year Monthly Total Volumetric Limitation. Deliveries made pursuant to this decree shall not exceed in any month over any consecutive 20-year period the volumes shown in the following table: April May June July Aug Sept Oct 151 474 1,096 1,827 1,785 930 _ 184 The allowable delivery in each month shall be calculated as set forth for the twenty-year total volumetric limitation in the previous paragraph. To calculate the 20-year monthly total volumetric limitation for all years prior to the first year in which this decree is in effect,Applicant shall assume monthly deliveries were equal to the following amounts in acre feet for each month. The assumed monthly deliveries set out in the table below are based on the average farm headgate deliveries for each month during the study period. April May June July Aug Sept Oct 7.6 23.7 54.8 91.4 89.3 46.5 9.2 18.4.6 Return Flow Obligations. Deliveries to Applicant of water available to the 25 shares will incur return flow obligations. Historically, subsurface return flows accrued to the South Platte River year round. Return flow obligations for the May through September period shall be determined on a daily basis during each month by multiplying the applicable monthly return flow factor in the table below by the daily deliveries made pursuant to this decree: May through September(Irrigation Season) Return Flow Factors May Jun July August September .512 .218 .129 .13 .25 Return flow obligations for the October through April period shall be determined on a daily basis during each month by multiplying the applicable monthly return flow factor in the table below by the total deliveries pursuant to this decree for the preceding April 1 through October 31 period and dividing the result by the number of days in that month: October through April(Non-Irrigation Season)Return Flow Factors Jan Feb March April Oct Nov Dec .038 .039 .038 .038 .036 .037 .038 18.4.7 Applicant shall deliver water to satisfy its return flow obligations at times when there is a valid call for water from a location downstream of the point where such return flows historically accrued to the South Platte River as described in Paragraph 18.2.5. This call is senior to February 28, 2005 for 14 of Page 11 of 31 the 25 shares and senior to September 28, 2006 for 11 of the 25 shares,the respective dates of the application and the third amendment to the application in this case,which are the appropriation dates for Applicant's claim to use the return flows. Return flows shall be replaced upstream of the calling water right. 18.4.8 Applicant may satisfy its return flow obligations by delivering the return flow portion of the deliveries for the 25 shares made at an augmentation station or by using credits accruing from recharge of water delivered to the 25 shares. Applicant may also use other sources including those listed in Paragraph 28 of this decree, as long as the sources are decreed for augmentation by the water court, approved for replacement use by the State Engineer pursuant to C.R.S. §§ 37-92-308 or 309 or successor statutes, or otherwise lawfully available for augmentation and replacement purposes and can be physically delivered upstream of the calling right so as to prevent injury. If return flows are replaced upstream of the location of the historical returns, transit losses shall be assessed, as determined by the Water Commissioner,between the point of release and the location of the historical return flows. The Water Commissioner shall convey the water released to the point of the historical return flows. 18.5 Transit Loss. Reasonable transit loss between the location of delivery of the water to Applicant at an augmentation station on the Farmers Independent Ditch and the location of discharge to the South Platte River shall be assessed by the Division Engineer's Office in calculating the augmentation credit at the South Platte River from deliveries to the river through any augmentation station. If deliveries are made through a lined ditch or pipe,no transit loss shall be assessed. 18.6 Dry Up. Irrigation historically associated with the 25 shares described in Paragraphs 18.2.1 and 18.2.2 has ceased. Applicant shall not irrigate 54 acres on the Linden farm and 155.6 acres on the Farr farm except by a well included in a decreed augmentation plan or substitute water supply plan approved by the State Engineer pursuant to C.R.S. § 37-92-308 or successor statutes, or pursuant to a decree of this Court approving a change of water right or determination of a new water right to be used on the historically irrigated lands, or with non-tributary or transmountain water supplies, or by a municipal water supply. 18.7 Future Consumptive Use. The quantity of water attributable to the 25 shares remaining after Applicant has satisfied its return flow obligations as set forth in Paragraph 18.4.6 is equivalent to the historical consumptive use attributable to the 25 shares. This water may be totally consumed without injury to other water users for the uses described in Paragraph 18.3, subject to all terms and conditions of this decree. 19. Water Rights to be Changed: Well Permit Nos. 13416 RR and 13417 RR. 19.1 Previous Decree. Ground water rights for the wells were decreed on August 19, 1974 in Case No. W-3972 for irrigation on 224 acres in the E % of Section 31, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado. Well No. 13416 Page 12 of 31 RR has a decreed appropriation date of March 31, 1946 and Well No. 13417 RR has a decreed appropriation date of June 30, 1927. 19.2 Historical Use. The wells were used in conjunction with four additional wells and 14 shares of Farmers Independent Ditch on the Fan farm as described in Paragraph 18.2.1. 19.3 Historical Consumptive Use. Applicant's historical use analysis quantified the net irrigation requirement, which was met by ground water pumped from the six wells averaging 153.6 acre feet per year over the study period. The pro rata portions of this volume attributable to Well Nos. 13416 RR and 13417 RR are 25.2 acre feet and 24.8 acre feet, respectively. On an average annual basis over the time period 1958 through 2003,the in-priority depletions from the two wells were 16.0 acre feet and 15.5 acre feet,respectively. 19.4 Proposed Change of Use. Applicant proposes to change the use of the ground water rights from irrigation to commercial and industrial. 19.5 Terms and Conditions for Future Use of the Ground Water Rights. The wells have been issued Well Permit Nos. 66220-F and 66221-F for use of the wells for commercial and industrial purposes. Future operations of the wells shall be pursuant to these permits. Neither the wells nor the ground water rights decreed and changed shall be used for irrigation in the future. Upon entry of this decree,the Applicant shall request and the State Engineer shall cancel Well Permit Nos. 13416-F and 13417-R and shall modify the terms of 66220-F and 66221-F to delete the references to irrigation use. Monthly depletions caused by pumping from Well No. 66220-F under its March 31, 1946 priority will not exceed the values shown below. Monthly depletions caused by pumping from Well No. 66221-F under its June 30, 1927 priority shall not exceed the values shown below. For each well, the daily depletions shall not exceed the appropriate monthly depletion divided by the number of days in that month. Depletions caused by pumping the two Fan Farm wells in excess of these limits will be administered under the junior water right appropriations described in Paragraphs 17.1 and 17.2. Monthly Depletion Limitations for Well No. 66220-F(ac-ftl Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1.8 1.5 1.6 1.4 1.1 1.2 0.5 0.5 1.2 1.7 1.7 1.8 Monthly Depletion Limitations for Well No.66221-F(ac-ft) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1.8 1.5 1.6 1.3 1.1 1.1 0.5 0.4 1.1 1.6 1.7 1.8 20. Withdrawal of Certain Claims. Applicant's claims to change water rights in the Platteville Irrigating and Milling Company, the Lupton Bottom Ditch Company, and the Lupton Meadows Ditch Company have been withdrawn. Page 13 of 31 21. No Injury. If operated and administered in accordance with the terms and conditions of this decree, the changes of the 25 shares and of the ground water rights decreed to Well Nos. 13416 RR and 13417 RR will not result in injury to vested water rights. 22. Approval of Change of Water Right. The changes of the 25 shares and of the ground water rights decreed to Well Nos. 13416 RR and 13417 RR are in accordance with law and should be granted subject to the terms of this decree. PLAN FOR AUGMENTATION 23. Structures to be Augmented. Three wells described as follows and shown on Exhibit 3 (map)and Exhibit 4 (table)to this decree. 23.1 Well No. 66220-F described in Paragraph 17.1 and 19.5. 23.2 Well No. 66221-F described in Paragraph 17.2 and 19.5. 23.3 Well No. 61793-F, aka Bateman Well. This well was decreed in Case Nos. W-1893, 81CW 192,and 03CW416, Water Division No. 1, for commercial and industrial uses, at a flow rate of 500 gpm and maximum annual pumping of 252 acre feet. The decreed appropriation dates are December 31, 1920, and February 1, 1997 (the latter date decreed in Case No. 03CW416). The well is located in the NE ''A of the SE ''A of Section 1, Township 1 North, Range 67 West, 6th P.M., Weld County, Colorado. 23.4 The wells are included in plans for augmentation decreed in Case No. 02CW335, Ground Water Management Subdistrict of the Central Colorado Water Conservancy District("GMS"), and Case No. 03CW99, Well Augmentation Subdistrict of the Central Colorado Water Conservancy District("WAS"). Well Nos. 66220-F and 66221-F are augmented pursuant to a contract with GMS and Well No. 61793-F is augmented pursuant to a contract with WAS. GMS and WAS pumping allotments shall be applied to the volumes pumped from each well, starting April 1 of each year and continuing until the GMS and WAS allotments are fully used for that year. Out-of- priority depletions resulting from pumping in excess of the GMS and WAS allotments shall be augmented under this Plan for Augmentation. 24. Replacement, Alternate Point of Diversion or Supplemental Wells. Any well that is constructed with a valid well construction permit issued by the Office of the State Engineer as a replacement well for one of the wells listed in Paragraph 23 may also be covered by the plan provided the replaced well is properly abandoned. Any well constructed as an alternate point of diversion or supplemental well for one of the wells listed in Paragraph 23 may also be covered by this plan provided it is added to the plan pursuant to Paragraph 26. 25. Deletion of a Well. Applicant shall replace all out of priority depletions from the wells pursuant to the terms of this decree until and unless a decree or order of this court Page 14 of 31 authorizes the deletion of a well from the Plan for Augmentation. Applicant may file a motion with notice as required by law to all parties to delete a well. The court retains continuing jurisdiction to consider the terms and conditions on which such motion may be granted, including but not limited to terms and conditions requiring replacement of ongoing depletions resulting from use of the well prior to the date the court allows the well to be deleted from the Plan for Augmentation. All parties to this case shall have 60 days after the date of proper service of adequate notice in which to respond to such a motion and to request a hearing on the motion. Applicant shall have 15 days after service of any response in which to file a reply. Applicant may also file an Application in the Water Court, with notice as required by law, seeking the deletion of a well from the Plan for Augmentation and proposing terms and conditions on which said application should be granted. 26. Addition of a Well. If Applicant seeks to add a well to this Plan for Augmentation,Applicant shall file an Application with the Water Court to add the well to the Plan for Augmentation. A well may be added to the plan so long as the well is operated and used, and out of priority depletions are replaced,on terms and conditions at least as restrictive as decreed in the Plan for Augmentation. Applicant shall use the methods for determining the timing of depletions from past and future pumping of the well decreed by the court when the well is added. Out of priority depletions resulting from use of any well which Applicant requests the court to add to this plan shall be replaced in accordance with the following terms and conditions: Out of priority depletions from use of the well that have occurred prior to the date the court allows the well to be added to the plan shall be replaced in compliance with an applicable water court decree or substitute water supply plan approved by the State Engineer pursuant to C.R.S. § 37-92-308 or successor statutes. Out of priority depletions from use of the well that will occur after the court decree adding the well to the plan,regardless of whether the depletions result from pumping before or after the date the court allows the well to be added to the plan, shall be replaced by the Applicant under the terms and conditions of this decree and any additional terms and conditions ordered by the court in connection with adding the well. Nothing in this decree shall be interpreted to authorize a well to be operated before it is added to this decree without replacement of out of priority depletions. No well shall be added except upon court order or decree. 27. Locations of Depletions. The wells augmented under the Plan for Augmentation deplete the South Platte River in the following locations: Bateman Well 61793-F: east-west center section line of Section 6, Township 1 North,Range 66 West, 6th P.M., Weld County, Colorado. Well Nos. 66620-F and 66621-F: SW'/4 of the NW '/ of Section 25, Township 4 North, Range 67 West, 6th P.M., Weld County, Colorado. 28. Water Rights to be used for Augmentation and Replacement of Return Flows. 28.1 Recharge water rights described in Paragraphs 8-9 above. 28.2 Water rights represented by the 25 shares described in Paragraph 18 above. Page 15 of 31 28.3 Lease of reusable water from the City of Longmont,dated March 25, 2008, attached hereto as Exhibit 5. 28.4 Lease of reusable water from the City of Aurora, dated September 16, 2009,attached hereto as Exhibit 6. 28.5 Recharge credits generated by Central Colorado Water Conservancy District deliveries to recharge ponds located on Applicant's property. Ponds used by Central are different structures than those described in Paragraphs 8-9. Applicant has an agreement with Central for use of credits generated by deliveries of water available to Central. Such deliveries may be made under any of the following decrees and pending applications, which are listed as examples and not limitations: Case No. 85CW370, Case No. 05CW331, and Case No. 04CW276. 29. Additional Supplies of Augmentation Water. Pursuant to C.R.S. § 37-92-305(8) the court may authorize Applicant to use additional or alternative sources of augmentation water for replacement in this Augmentation Plan, including water leased by Applicant, if such sources are part of a substitute water supply plan approved pursuant to C.R.S. § 37-92-308 or if such sources are decreed for such use. The court may also authorize Applicant to use additional or alternative sources of augmentation water for replacement in this Augmentation Plan, including water leased by Applicant, if such sources are part of an interruptible water supply agreement approved pursuant to C.R.S. § 37-92-309. This paragraph sets forth the procedure under which these sources may be added to this plan. These procedures are adequate to prevent injury to other water rights that might otherwise result from the addition of these sources to this plan. 29.1 Additional Water Rights Separately Decreed for Augmentation Use. If a water right is decreed or lawfully available for augmentation use and not already approved for such use under this decree, Applicant shall give at least 30 days advance written Notice of Use of Water Right for Augmentation,to the court,the Division Engineer and all the objectors which shall describe 1)the water right by name and decree, if any; 2)the annual and monthly amount of water available to Applicant from the water right, 3)the location or locations at which the water will be delivered to the stream; 4) evidence that the claimed amount of water is and will not be used by any other person, and 5)the manner in which Applicant will account for use of the augmentation credits. No water right may be used unless the Division Engineer approves of its use. 29.2 Other Additional Water Rights. If a water right is not decreed or otherwise lawfully available for augmentation use,and Colorado statutes or other governing authority provide a mechanism for using such water right without the need of a decree or well permit,Applicant shall provide written notice to the objectors of its request for approval of the State Engineer pursuant to C.R.S. §§ 37-92-308 or 37-92-309 or other applicable statute. Such notice shall be in addition to any notice required by the applicable statute. Applicant may use such water rights in the plan of augmentation upon the State Engineer's approval of the administrative application for the term of such approval,unless such approval is reversed or modified on appeal or under retained Page 16 of 31 jurisdiction. The court retains perpetual jurisdiction to review to use of additional water rights under this Paragraph 29.2. 29.3 Agreements. Applicant may not use additional augmentation supplies discussed in this Paragraph 29 unless Applicant has a written agreement with the owners of the additional augmentation supplies allowing Applicant to do so or other document evidencing a right to the water. A copy of any such agreement or document shall be provided with the written notice to the objectors and the Division Engineer and/or State Engineer required in Paragraph 29.1 and Paragraph 29.2. 30. Operation of the Plan for Augmentation. 30.1 Diversions from the wells listed in Paragraph 23 cause depletions to the South Platte River. A portion of the depletions from each well is augmented pursuant to decrees in Case No. 02CW335 ("GMS Augmentation Plan")or Case No. 03CW99 ("WAS Augmentation Plan"), described in Paragraph 23.4. This plan will cover depletions which result from pumping of the wells above the amounts authorized under the GMS Augmentation Plan or the WAS Augmentation Plan, and from pumping of Well No. 61793-F prior to May, 2006 in amounts greater than authorized under the WAS Augmentation Plan. To the extent that those depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount,under the terms of this decree, to prevent injury to vested water rights. The water supplies described in Paragraph 28 are delivered to the South Platte River both above and below the headgate of the Jay Thomas Ditch and Western Mutual Ditch and are of sufficient quality to replace the depletions from the wells that are the subject of this decree and prevent injury to other vested rights. The court approves the Plan for Augmentation subject to the terms and conditions of this decree. 30.2 Determination of Depletions from Pumping of Wells. Applicant shall calculate well depletions as follows. 30.2.1 Measured Well Pumping. Applicant's method of determining well depletions shall be based on well pumping data. Each well is equipped with a totalizing flow meter. Applicant shall collect actual well pumping data based on flow meter readings on a monthly basis and determine the amount pumped. The GMS and WAS pumping allotments will be subtracted from the measured pumping on a monthly basis beginning April 1 of each year and continuing until the GMS and WAS allotments are fully used for that year. The resulting figure is the volume pumped under this plan. Alternatively,Applicant may install a second meter on each well for the purpose of measuring the GMS and WAS pumping allotments separately from pumping under this plan. If and when Applicant installs a second meter on Well No. 61793-F, the accounting prepared in accordance with this decree may be modified to omit the accounting of the WAS allotment. If and when Applicant installs a second meter on either or both of Well Nos. 66220-F and 66221-F,the accounting prepared in accordance with this decree may be modified to omit the accounting of the GMS allotment. If Page 17 of 31 Applicant installs a second meter on only one of Well Nos. 66220-F or 66221-F, all pumping of the GMS allotment shall be made through such well and such second meter. 30.2.2 Flow Meters. Flow meters shall be maintained in working order. Meters shall be tested and certified as accurate at least once every three years by a registered professional engineer or other qualified person. In the event a flow meter malfunctions,the amount of water pumped during the time of malfunction may be estimated based on power records for the well, by calculating the kilowatt hour consumption per acre foot pumped for the prior two months of pumping and multiplying that number times the kilowatt hours for the time period the flow meter malfunctioned. A malfunctioning flow meter shall be repaired or replaced within 30 days of the time the malfunction is discovered. If not replaced within such time period,Applicant shall cease use of the well until the malfunctioning flow meter is repaired or replaced. 30.2.3 Consumptive Use. The consumptive use of the three wells shall be considered to be 100%of the volume pumped under this plan. 30.3 Timing and Location for Depletions and Accretions. The effects on the South Platte River resulting from the consumptive use of water caused by pumping from wells and from recharge activities pursuant to this plan will be calculated by use of the AWAS model, or other similar model,that incorporates the analytical equations described by Glover(1977). Although there are various methods for applying the analytical equations described by Glover,the method to be used in this case shall represent a parallel no-flow boundary which requires the following parameters. (1) a boundary condition for the alluvial aquifer indicating that the boundary constitutes a"no- flow"condition; (2)The width of the aquifer on the side of the river where the well or recharge pond is located, commonly referred to as"W"; (3)the distance from the river to the location of the well or recharge pond, commonly referred to as"X"; (4)the transmissivity of the aquifer between the location of the well or recharge pond and the river,commonly referred to as harmonic"T"; and(5) the specific yield of the aquifer, commonly referred to as "S". The aquifer parameters for the wells to be augmented under this plan were decreed in Case Nos. 02CW335 and 03CW99 and are shown on the attached Exhibit 4. The accounting for depletions shall be completed on a well-by-well basis. The accounting for recharge accretions shall be completed separately for each recharge project or pond, as appropriate. Diversions from any wells added to the decree under Paragraph 26 shall be lagged to the South Platte River by the Glover method or other appropriate manner as determined by the Water Court when the well is added. 30.4 Annual and Monthly Projections. 30.4.1 Timing and Purpose of Projections. The projection year shall be April 1 through March 31. On or before April 1 of each year Applicant will make a five-year projection(for each month of the five-year projection period beginning on April 1 of the current year) of its operations. The projection will Page 18 of 31 show the well depletions,return flow obligations, and replacement supplies above and below the river headgate of the Jay Thomas Ditch. The purpose of the projection is to demonstrate that Applicant will have sufficient augmentation supplies to replace all depletions and return flow obligations during the entire projection period,both upstream and downstream of the Jay Thomas Ditch river headgate, from all prior well pumping and new well pumping under this augmentation plan and from the use of the changed water rights pursuant to this decree. The projection will be used to limit the pumping of wells to assure that full augmentation will occur during the projection period. The projection will be provided to the Division Engineer. The objectors will receive the projection and all backup information to support the projection upon written request and payment of reasonable copying costs. If a projection is not submitted by April 1, all well pumping under the Plan for Augmentation shall cease until the projection is submitted. 30.4.2 Information Required for Annual and Monthly Projections. The annual and monthly projections will include the following information. 30.4.2.1 Previous Depletions. The depletions from previous pumping of the wells under this augmentation plan. 30.4.2.2 Projected Well Pumping and Depletions. The amount of pumping under this augmentation plan and resulting depletions from the wells that can occur in the current year without causing unreplaced depletions over the five-year projection period. The projection submitted by Applicant to the Division Engineer will project pumping of wells in Year 1 only. 30.4.2.3 Augmentation Supplies. Deliveries of water available under the water supplies listed in Paragraph 28 during the projection period. 30.4.2.4 Ditch Shares Return Flows. The return flow obligations attributable to previous and projected use of the 25 shares. 30.4.2.5 Additional Supplies. Any additional replacement supplies or credits that have been authorized for use in this plan pursuant to Paragraph 29, the amounts of which are known at the time the projection is made,that Applicant has secured for any or all of the projection period. 30.4.2.6 Transit Loss. Estimated stream transit loss, if any, as determined pursuant to Paragraph 55. Page 19 of 31 30.4.3 Projection Limitations and Assumptions. 30.4.3.1 Period of Call. The projection shall be completed assuming there is a year-round call downstream and senior to the priorities of the wells, and that all depletions from well pumping must be replaced at all times throughout the projection period. 30.4.3.2 Projected Recharge Credits. The projected recharge credits from the rights described in Paragraphs 8-9 shall equal accretions to the South Platte River resulting from deliveries of water to the recharge ponds prior to the date of the projection. 30.4.3.3 Projected Changed Ditch Share Deliveries. The projected deliveries associated with the 25 shares shall be in acre feet by month as follows,which represents the average farm headgate deliveries to the shares in four dry years, 1963, 1977, 1993 and 2002: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 0.0 0.0 0.0 13.6 32.3 63.5 72.1 83.7 60.7 13.4 0.0 0.0 339.3 A Applicant shall specify in the projection the amount of the yield of the 25 Shares that will be returned to the South Platte River for direct augmentation via existing or new augmentation stations on the Farmers Independent Ditch in each year of the projection and the amount of the yield of the 25 Shares that will be delivered to Applicant's recharge ponds described in paragraph 8.6 in each year of the projection. Amounts specified in the projection for return to the South Platte River for direct augmentation may instead be delivered to Applicant's recharge ponds at any time,provided those amounts are not then needed to replace out-of- priority depletions under this decree. All amounts specified in the projection for delivery to Applicant's recharge ponds must be delivered to the recharge ponds unless Applicant provides an updated projection that demonstrates that all out-of-priority depletions can be replaced as required by the terms of this decree without such deliveries to recharge. 30.4.3.4 Supplies Leased from City of Longmont and City of Aurora. The projected amount of leased water shall be equal to the written delivery schedule attached to each lease, as may be modified pursuant to the terms of each lease. 30.4.3.5 Additional or Alternate Supplies. Any additional or alternate replacement supplies or credits that have been authorized for use in the plan pursuant to Paragraph 29, the amounts of which are known at the time the projection is made,that Applicant has secured for any or all of the projection period. Page 20 of 31 30.4.4 Periodic Updates. Applicant shall complete a periodic update of the annual and monthly projection based on actual to date operations of all wells and augmentation supplies included in the projection for any month in which(1) projected augmentation supplies will be less than in the April 1 projection or the most recent periodic update or(2)projected well pumping will be more than in the April 1 projection or the most recent periodic update; or(3)Applicant has sold or transferred a replacement source relied upon in a previous projection; or(4) one or more of the Applicant's leases for augmentation supplies has been modified,has terminated or has expired,unless a modification is for the sole purpose of making a periodic adjustment of the amount which Applicant shall pay for water under the terms of the agreement. Applicant shall complete any periodic update not later than the end of the month following the occurrence of the event which causes the update to be required and shall, in the same month a periodic update is completed, submit the update to the Division Engineer and Water Commissioner and at the same time notify the objectors,who may obtain the update and all backup information to support the update to the objectors upon written request and payment of reasonable copying costs. Applicant may update the annual projection at other times it deems appropriate and shall submit each update to the Division Engineer and Water Commissioner without payment of copying costs and at the same time notify the objectors,who may obtain copies of the update and all backup information to support the update upon written request and payment of reasonable copying costs. 30.4.5 Projection Spreadsheet. The annual and monthly projections for the Plan for Augmentation shall be submitted on the projection spreadsheet attached hereto as Exhibit 7. The projection spreadsheet is not decreed by this decree and may be changed from time to time so long as all information required by this decree is included in the spreadsheet, objectors are given 30 days advance written notice of proposed changes and all changes are approved by the Division Engineer. Copies of any revised projection spreadsheet shall be provided to objectors. 30.4.6 Limitation of Current Year Pumping and Depletions. In order that depletions from well pumping and return flow obligations can be fully replaced under the terms and conditions of this decree by the amount of projected augmentation supplies, Applicant's well pumping shall at all times be limited to the amounts allowed by the projections completed in accordance with Paragraph 30.4. If at any time the projected depletions from well pumping and return flow obligations which must be replaced under this plan exceed the amount of projected supplies, Applicant shall immediately do either or both of the following. 30,4.6.1 Additional Water Rights. Applicant shall secure by purchase or lease sufficient water rights in accordance with Paragraph 29 which will be sufficient to replace all projected depletions and return flow obligations under this decree. Page 21 of 31 30.4.6.2 Reduction of Projected Out of Priority Depletions. Applicant shall reduce the out of priority depletions from wells by curtailing well pumping in an amount which will assure that all well depletions and return flow obligations projected under Paragraph 30.4 will be replaced in accordance with the terms and conditions of this decree. 30.5 Post-Pumping Depletions. The Court finds that depletions from pumping of wells included in this decree continue for a period of time after well pumping has ceased. In addition to any other requirement to replace well depletions under this decree, Applicant shall, in accordance with the terms and conditions of this decree, replace all depletions that occur after pumping of any of the wells included in this decree cease, to the extent such depletions are the result of pumping in excess of pumping allowed by the GMS Augmentation Plan or the WAS Augmentation Plan. The augmentation supplies to replace such depletions under this decree shall be those water rights described in this decree or any other augmentation supplies which may have been added under the terms and conditions of this decree. Applicant shall be required to operate and use such water rights in order to assure that all post-pumping well depletions will be replaced in accordance with this decree. The court retains continuing jurisdiction of the Plan for Augmentation to determine whether all such post-pumping depletions are being and will be replaced under the terms and conditions of this decree. 30.6 Accounting and Reporting.Accounting for the Plan for Augmentation shall be on the accounting forms attached hereto as Exhibit 8. Each accounting year shall consist of the period from April 1 through March 31. Accounting shall be done on a daily basis and submitted monthly to the Division Engineer and Water Commissioner. The accounting forms,Exhibit 8, are adequate to account for the water rights and augmentation plan under this decree;however,they are not decreed by this decree and may be changed from time to time so long as the information required by this decree is included in the forms, 30 days advance written notice is provided to the objectors and such changes are approved by the Division Engineer or Water Commissioner. 31. Aggregation of Replacement by Agreement. Aggregation of replacements in the operation and administration of this decree is prohibited. Applicant may,however,petition the Court for approval of a procedure by which it might aggregate winter replacements. Such procedure shall at a minimum include (1) an agreement(s) with the owner(s)of the affected reservoir(s) against which Applicant would seek to aggregate replacements,(2) assurance that Applicant has water supplies to make up any aggregated out-of-priority depletions, (3)removal of the call by the affected reservoir(s)to the extent of the aggregation, and (4)a showing by Applicant that such procedure will prevent injury to all vested water rights and decreed conditional water rights. Any petition under this subparagraph shall be served on all parties in this case upon filing with the Court. 32. Curtailment. Applicant's Plan for Augmentation is sufficient to permit the continuation of diversions by the wells when curtailment would otherwise be required to meet a valid senior call for water, to the extent Applicant complies with all the terms and conditions of this decree including,but not limited to providing the necessary replacement water as required Page 22 of 31 by this decree. Pursuant to §37-92-305(8) C.R.S.,the State Engineer shall curtail all out-of- priority diversions,the depletions from which are not so replaced as to prevent injury to vested water rights. 33. Maximization of Use. Under this decree,Applicant is entitled to divert water from the South Platte River and operate the Plan for Augmentation. So long as such diversions take place in accordance with the terms and conditions set forth in this decree,Applicant is entitled to operate its water rights and Plan for Augmentation in the manner which will, in Applicant's judgment, maximize the beneficial use of its water rights for the purposes for which they were adjudicated. EXCHANGE 34. Exchange. Applicant claims the following right of substitution and exchange pursuant to C.R.S. §§37-82-106, 37-83-104, and 37-92-101 et seq. 35. Operation of the Exchanges. At such times when augmentation water is delivered to the South Platte River in excess of the replacement requirements and return flow obligations under the Plan for Augmentation and changes of water rights decreed by this decree,the water will be exchanged for water diverted at the river headgates of either or both of the Lupton Bottom Ditch or the Farmers Independent Ditch and delivered to the recharge ponds described in this decree. The exchanges will only operate at such times when, and to such extent that, no water rights located between the point of delivery to the South Platte River and the point of diversion will be materially injured by the exchange. Applicant shall provide prior notice to the Water Commissioner, who shall approve the exchanges prior to operation and assess reasonable transit losses on the amount exchanged. The exchanges will only operate at such times when there is a live stream between the downstream point of delivery to the South Platte River and the upstream points of diversion. Applicant shall operate the exchanges to the Farmers Independent Ditch headgate only after obtaining a written agreement with the Farmers Independent Ditch Company and shall operation the exchange to the Lupton Bottom Ditch headgate only with permission of the Lupton Bottom Ditch Company. 35.1 Exchange to the Lupton Bottom Ditch headgate. 35.1.1 Legal Description of Point of Diversion. Lupton Bottom Ditch river headgate described in Paragraph 9.1. 35.1.2 Description of the Reach of the Exchange. From a downstream point on the South Platte River in the SW ''A of the NW ''A of Section 25, Township 4 North, Range 67 West, 6`h P.M., Weld County, Colorado(the location where recharged water accrues to the South Platte River,as described in Paragraph 16.1) to an upstream point at the river headgate of the Lupton Bottom Ditch described above. 35.1.3 Appropriation Date: February 28, 2005. Page 23 of 31 35.1.4 Amount: 2 c.f.s.,conditional. 35.1.5 Use. Augmentation,replacement, aquifer recharge, and exchange for the uses approved in this decree. 35.2 Exchange to the Farmers Independent Ditch headgate. 35.2.1 Legal Description of Point of Diversion. Farmers Independent Ditch headgate described in Paragraph 8.1. 35.2.2 Description of the Reach of the Exchange. From a downstream point on the South Platte River in the SW '/4 of the NW ''A of Section 25, Township 4 North, Range 67 West, 6s' P.M.,Weld County, Colorado (the location where recharged water accrues to the South Platte River, as described in Paragraph 16.1) to an upstream point at the river headgate of the Farmers Independent Ditch headgate described above. 35.2.3 Appropriation Date: February 28, 2005. 35.2.4 Amount: 10 c.f.s.,conditional. 35.2.5 Use. Augmentation, replacement, aquifer recharge, and exchange for the uses approved in this decree. 36. Appropriative Rights of Substitution and Exchange. The appropriative rights of substitution and exchange will be operated pursuant to §§37-82-106, 37-83-104, and 37-92-101, et seq., C. R. S. and in accordance with the terms and conditions of this decree. 37. Feasibility. The conditional water right for the substitution and exchange can be and will be diverted and controlled and the water will be beneficially used and the project can and will be completed with diligence and within a reasonable time. 38. Approval of Exchanges. The exchanges are in accordance with law and should be granted subject to the terms of this Decree. CONCLUSIONS OF LAW 39. Incorporation of Findings of Fact. The foregoing Findings of Fact are incorporated into these Conclusions of Law. 40. Notice and Jurisdiction. The Water Court for Water Division No. 1 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby,pursuant to C.R.S. §§ 37-92-203(1), 37-92-302 and 37-92-304 whether or not they have chosen to appear. The original application in this matter, the Page 24 of 31 amendments to the application, and the resume publications of the application and the amendments placed such persons on notice of the relief requested by the application and granted by this decree. 41. Adjudication of Water Rights Contemplated by Law. The water rights in Paragraphs 7-17 of this decree are contemplated by law and satisfy the requirements of §37-92-101 et seq., including but not limited to C.R.S.§§ 37-92-103, 37-92-302, 37-92-305(1), and 37-92-305(9). The appropriations for the water rights were lawfully initiated on the dates shown in the Findings of Fact and were pursued with reasonable diligence from the date of initiation. Applicant has established that the conditional water rights can and will be diverted and controlled and the water will be beneficially used and the project can and will be completed with diligence within a reasonable time. The absolute water rights have been lawfully diverted and placed to beneficial use in the amounts shown. 42. Change of Water Rights Contemplated by Law. The Change of Water Rights in Paragraphs 18-22 of this decree is contemplated by law and satisfies the requirements of C.R.S. §37-92-10I et seq., including but not limited to §§37-92-103(5), 37-92-302, 37-92-304(6), 37- 92-305(3). The change of water rights will not injuriously affect any owner of or person entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of this decree. 43. Plan for Augmentation Contemplated by Law. The application for approval of the Plan for Augmentation in Paragraphs 23-33 of this decree is contemplated by law and satisfies the requirements of§37-92-101 et seq., C.R.S., including but not limited to §§37-92-103, 37-92-302, 37-92-304(6), 37-92-305(3), 37-92-305(5), and 37-92-305(8). Operation of the Plan for Augmentation will not injuriously affect any owner of or person entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of this decree. 44. Exchanges Contemplated by Law. The application for approval of the Exchanges in Paragraphs 34-38 of this decree is contemplated by law and satisfies the requirements of §§37-80-120, 37-92-101 et seq., C.R.S., including but not limited to §§37-92-302, 37-92-305(3), 37-92-305(5), and 37-92-305(9). The exchanges can and will be diligently completed and water diverted and beneficially used under the exchanges for the purposes adjudicated in this decree within a reasonable time. Operation of the exchanges will not injuriously affect any owner of or person entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of this decree. 45. Retention of Dominion. Dominion over water depends on a water user's intent and ability to quantify and use,by recapture or other proper means, a certain quantity of water which may be distinguished by volume from other water in a stream.Public Service Co. v. Willows Water Dist., 856 P.2d 829(Colo. 1993). Applicant has the intent and ability to maintain dominion over, and to use for the purposes adjudicated by this decree, all recharge water and water released for replacement of out of priority depletions described in this decree, until used pursuant to the terms of this decree. Page 25 of 31 46. Burden of Proof. Applicant has met its burden of proof and is therefore entitled to a decree approving its Change of Water Rights and Plan for Augmentation. 47. Administrability. The change of water rights and Plan for Augmentation are administrable by the officials of the State of Colorado. DECREE 48. Incorporation of Findings and Conclusions. The foregoing Findings of Fact and Conclusions of Law are incorporated into this Decree as if set forth in full. 49. Approval of Change of Water Rights, Water Rights and Plan for Augmentation. The change of water rights set out in Paragraphs 18-22, the Water Rights set out in Paragraphs 7- 17 and 34-38 and the Plan for Augmentation set out in Paragraphs 23-33 are hereby confirmed, approved, adjudicated and decreed subject to the terms and conditions of this decree. 50. Replacement. Applicant shall, in compliance with the terms and conditions of this decree,replace all stream depletions resulting from operation of the decreed wells and all historical return flows from the changed 25 shares in the time, location,and amount required by this decree, so as to prevent injury to vested water rights and decreed conditional water rights, including exchanges, when the depletions affect the South Platte River and there is a valid senior call for water from a location downstream of such wells or the location where the return flows associated with the 25 shares historically accrued to the South Platte River,as described above in the Findings of Fact. Depletions will be considered to be out of priority during all times when there is a valid call for water downstream of the affected well from a water right that is senior to the individual well's respective water rights. Unless accounting is provided for either individual wells or groups of wells, depletions from wells shall be considered out of priority at all times when there is a valid downstream call for water from water rights senior to the priority date of the most junior well being covered by this Plan for Augmentation. 51. Adequacy of Replacement and Augmentation Supplies. The replacement and augmentation supplies that Applicant will use for operation of the Plan for Augmentation shall be of a quality and quantity so as to meet the requirements for which the water of senior appropriators has normally been used. Such substituted water shall be accepted by senior appropriators in substitution for water derived by exercise of his decreed rights. C.R.S. § 37-92- 305(5). 52. No Injury. The terms and conditions provided for in this decree are adequate to assure that no injury to any water users will result from operation of the Plan for Augmentation, including the change of water rights. 53. Measuring Devices. In addition to the measuring devices expressly required by this decree, Applicant shall install and maintain, at Applicant's expense, such additional meters, gauges, or other measuring devices as are required by the Water Commissioner or Division Engineer, and shall report at reasonable times to the Water Commission and/or Division Page 26 of 31 Engineer the readings of such meters, gauges,or other measuring devices pursuant to C.R.S. § 37-92-502(5)(a). 54. Satisfaction of Senior Water Rights. So long as operated and administered in accordance with this decree, the Plan for Augmentation will be sufficient to permit the continuation of withdrawals, and resulting depletions, from the wells without impairing the water rights of others, in the amounts and for the purposes decreed by this decree,when curtailment of such operations would otherwise be required to meet valid senior calls for water. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 55. Accounting. Applicant has demonstrated an appropriate method of accounting for diversions and stream depletions associated with the operation of the Plan for Augmentation, new water rights and change of water rights. Applicant's accounting under this decree shall include the following information: (1)the total volume of water pumped at each well,the volume pumped which is in excess of quotas established under the GMS Augmentation Plan and the WAS Augmentation Plan, and the depletions for each well which correspond to the pumping in excess of such quotas,which shall be accounted for daily and reported monthly, except that if second meters are installed on the wells for measurement of GMS and WAS allotments, then the accounting shall include only pumping under this decree and the depletions which correspond to such pumping;(2)deliveries of the 25 shares for the purposes allowed by this decree and historical return flow obligations, which shall be measured and accounted for daily and reported monthly; (3)tracking of compliance with the decreed volumetric limits; (4)the amount of deliveries of each water source to each recharge pond,which shall be measured and accounted for daily and reported monthly; (5) the amount of recharge pond evaporation,water lost to the consumptive use of vegetation,and water remaining in each recharge pond for each source of water,which shall be accounted for daily and reported monthly; (6)the amount of recharge accretions for each water source for each recharge pond,which shall be accounted for daily and reported monthly; (7)deliveries of water from the sources described in Paragraph 28 which are used in the plan,which shall be accounted for daily and reported monthly; (8)the amount of any additional or alternative augmentation supplies allowed under Paragraph 29 which shall be accounted for daily and submitted monthly; (9) diversions of water pursuant to the exchange water right, which shall be measured and accounted for daily and reported monthly; (10) the administration number of the calling water right each day; and(11) any transportation losses determined pursuant to Paragraphs 18.5 and 56. The accounting of the net river balance from depletions,return flow obligations, and replacement supplies shall be shown separately for locations upstream and downstream of the river headgate of the Jay Thomas Ditch. The accounting and reporting intervals of this paragraph notwithstanding, when there is a valid downstream South Platte River call senior to priority dates of the wells, or senior to February 28, 2005 or September 28,2006 for return flow obligations for the 14 shares and 11 shares, respectively, Applicant shall replace all such depletions and return flow obligations on a daily basis. Unless specifically indicated by this decree, all accounting records required by this decree shall be filed with the State Engineer and Division Engineer on a monthly basis. The accounting forms,Exhibit 8, are adequate to account for the water rights and augmentation plan under this decree; however,they are not decreed in this decree and may be changed from time to time so long as the information required by this decree is included in the forms, 30 days advance written Page 27 of 31 notice is provided to the objectors and such changes are approved by the Division Engineer or Water Commissioner. Copies of any revised forms shall be provided to objectors. Applicant shall complete the monthly accounting on or before the 10th day of each month following the month of operation. The monthly accounting and all backup and supporting information and documents shall also be provided to any objector making a written request for said accounting for that accounting year,upon payment of reasonable costs. The accounting shall be delivered to the Division Engineer and Water Commissioner in the manner they prescribe and may be delivered to other objectors in paper or electronic format at Applicant's option. 56. Transportation Losses.When water available under the water rights which are the subject of this decree is transported in the South Platte River, for any of the functions, purposes or uses adjudicated by this decree, including but not limited to replacement of out of priority depletions and return flow obligations, the Division Engineer, or his designated representative, shall assess losses resulting from such transportation in the same amount such losses are assessed against other water users when determining the amount of water available for such uses by Applicant. The Division Engineer, or his designated representative,will administer all such water transported in the South Platte River or its tributaries under this decree, including water for replacement of depletions or return flows,past intervening headgates to ensure that such water is not intercepted or otherwise diminished in quality or quantity by diversion,use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant's uses under this decree. 57. Interaction with GMS Plan and WAS Plan: 57.1 Applicant shall continue to comply with the terms of the decree in Case No. 02CW335,the GMS Plan, as the terms affect Well Nos. 66220-F and 66221-F. Specifically and not by way of limitation,Applicant shall comply with the requirements of paragraph 41 of that decree entitled, "Binding Effect of Decree" 57.2 Applicant shall comply with the following term with respect to Well No. 61793-F: In the event that WAS is not in compliance with the terms of the decree in Case No. 03CW99,and is not fully replacing depletions associated with pumping of Well No. 61793-F authorized under the WAS Plan, Applicant shall replace any unreplaced out-of-priority depletions which are occurring or which will occur from operation of Well No. 61793-F under the WAS Plan, so as to prevent injury to vested water rights and decreed conditional water rights. Unless WAS specifies another method of allocating its replacement supplies to its member wells, the amount of replacement by WAS of depletions from pumping of Well No. 61793-F under the WAS Plan shall be determined by pro rating the total amount of replacement by WAS in its administrative Reach F2 to the amount of ongoing depletions from Well No. 61793-F as a percentage of the total amount of ongoing depletions under the WAS Plan in WAS Reach F2. Nothing in this decree is intended to prevent Applicant from reducing the total pumping from Well No. 61793-F as needed to reduce out-of-priority depletions from the well to the amount which is actually replaced by operation of the WAS Plan and the Plan for Augmentation. Page 28 of 31 58. No Precedent. This decree is the result of substantial negotiations and settlement discussions between the parties. Its terms are based on the specific facts and circumstances of this case and compromises by the parties. By stipulation to entry of this decree no party in this case intends that it become precedent to resolve issues in any other case, and all parties reserve the rights to challenge the engineering analysis conducted upon, and terms and conditions to be applied to, any other application for approval of a change of water rights for the FIDCO ditch, or for approval of a change of water rights for any other ditch. 58.1 No Ditch-Wide Analysis. This decree does not quantify historical consumptive use by the "ditch-wide method"and thus does not set any precedent for future changes of the water rights associated with other shares of capital stock in Farmers Independent Ditch Company. See Williams v. Midway Ranches Property Owners'Assoc., 938 P.2d 515, 521, 526 (Colo. 1997). 59. Binding Effect of Decree. Applicant shall record this decree with the clerk and recorder for Weld County within 10 days after the decree becomes final upon the expiration of the right of all parties to appeal this decree. The terms and conditions of this decree shall bind, and be enforceable against,the Applicant and successors in interest until all obligations under this decree have been fulfilled. Nothing in this paragraph is intended to prohibit Applicant from adjudicating an additional Plan for Augmentation to replace depletions from the wells under additional decree. Nor is anything in this paragraph intended to affect the exercise of any remedy which may be available to any person affected by the failure of the Applicant to comply with the terms and conditions of this decree. 60. Integrated System. These decreed water rights are part of Applicant's integrated system of water rights and structures under C.R.S. § 37-92-301(4)(b). Work performed and effort or costs expended by the Applicant on any water rights or structures that are part of its integrated water system shall be considered in determining whether reasonable diligence has been shown in the development of these conditional water rights for all features of the system as provided in C.R.S. § 37-92-301(4)(b). 61. Diligence. The conditional water rights decreed by this decree are continued in full force and effect until December 31,2015. If Applicant desires to maintain such conditional rights,an application for finding of reasonable diligence shall be filed on or before December 31,2015, or a showing made on or before such date that the conditional water rights have become absolute by reason of the completion of the appropriation. 62. Priorities. The priorities awarded Applicant for the absolute and conditional water rights in this decree were filed in the Water Court in the year of 2005 for the water rights described in Paragraphs 8, 9, 17, and 35 and shall be administered as having been filed in those years; and shall be junior to all priorities filed in previous years. As between all rights, filed in the same calendar year,priority shall be determined by historical date of appropriation and not affected by date of the entry of the decrees. 63. Retained Jurisdiction. Pursuant to C.R.S. § 37-92-304(6),the Plan for Augmentation and changes of water rights shall remain subject to reconsideration on the issue of Page 29 of 31 injury to vested water rights of others that may result from future operation of the Plan for Augmentation and changes of water rights for(7) seven years from the date of this decree. Except to the extent subject to retained jurisdiction, these findings, conclusions and decree are final. The retained jurisdiction provision of this paragraph is in addition to specific retained jurisdiction provisions included in other sections of this decree. 63.1 Procedure for Retained Jurisdiction. Unless a different procedure is specifically set forth in a previous paragraph of this decree, any person,including the State and Division Engineers, may invoke retained jurisdiction within the general retained jurisdiction or under continuing jurisdiction,by filing a Petition to do so with this Court. Such Petition shall be filed under the caption and case number of this case and shall be served on counsel of record for all parties who have appeared. Any Petition to invoke the retained jurisdiction shall set forth with particularity the factual basis and the alleged injury or violation of this Decree upon which the requested reconsideration is premised,together with proposed decree language modifications offered by the moving party or relief requested to remedy the alleged injury or violation. Parties shall be given 60 days from the service of the Petition to file a response thereto. The moving party shall have the initial burden of going forward to establish the prima facie facts and the alleged injury or violation alleged in the Petition, then Applicant shall have the burden of proof to show either that the alleged injury or violation has not occurred or will not occur, or to propose additional terms and conditions which will prevent injury or violation from occurring. 64. Compliance with GMS Policy Resolution. Well Nos. 66220-F and 66221-F are GMS Member Wells augmented by the augmentation plan of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District(GMS)decreed in Case No. 02CW335 under Class D Non-Irrigation Contract No. 278. The Plan for Augmentation is for the purpose of allowing diversions from the wells in addition to the annual quota permitted under the GMS plan and is subject to the Policy Resolution Regarding Supplemental Substitute Water Supply Plans and Augmentation Plans of GMS dated April 21,2009, which is incorporated herein by reference. Applicant and not GMS is and will be responsible for all depletions resulting from diversions authorized under this decreed Plan for Augmentation. 65. Compliance with WAS Policy Resolution. Well No. 61793-F is a WAS Member Well augmented by the augmentation plan of the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District(WAS)decreed in Case No. 03CW99 under Class D Non- Irrigation Contract No. 208. The plan of augmentation decreed herein is for the purpose of allowing diversions from the well in addition to the annual quota permitted under the WAS plan and is subject to the Policy Resolution Regarding Supplemental Substitute Water Supply Plans and Augmentation Plans of WAS dated April 21, 2009,which is incorporated herein by reference. Applicant and not WAS is and will be responsible for all depletions resulting from diversions authorized under this decreed Plan for Augmentation. 66. Administration by State and Division Engineers. The State Engineer and Division Engineer shall administer this decree in accordance with the terms and conditions decreed by this decree. Pursuant to C.R.S. § 37-92-305(8),the State Engineer shall curtail all out-of-priority Page 30 of 31 diversions,the depletions from which are not so replaced as to prevent injury to vested water rights. 67. Stipulations and Settlements. The Stipulations entered into between Applicant and Objectors are approved by the Court. Dated January 8, 2010, entered nunc pro tunc December 18, 2009. By the court: James F. Hartmann Water Judge Water Division No. 1 This document%vas Wed pursuant to CR.C.P.§1-d6. .4 printable version of the eieelronicrtir signed order is available in the Court's electronic bile. Page 31 of 31 Exhibit 1 Summary of Recharge Projects Glover Parameters Recharge Harmonic Project Appropriation Amounts Transmisslvity Name Location of Site Dates Claimed Glover X(ft) Glover W(R) (gpolf) Specific Yield Location of Accretion SW1/4 of NW1/4 ABW NE1/4 of Section 31, Section 25,Township Recharge Township 4N,Range 4N,Range 67W,6a Project 66W,6th P.M. 10/8/2004 10 cfs(cond) 9,900 19,792 84,833 0.2 P.M. SW1/4 of SW1/4 of Wright SE1/4 of Section 1, Section 6,Township Recharge Township 1N,Range 1N,Range 66W,6tl1 Project 67W,6th P.M. 11/11/2004 2 cfs(cond) 2,050 9,010 107,313 0.2 P.M. Notes: (1)Definition of Glover parameters: Glover X(ft)=shortest distance from wet/recharge site to South Platte River .Sy. Glover W(ft)=shortest distance from river through well/recharge site to aquifer boundary : Glover T(gpolft)=harmonic transmissivity of aquifer Glover S=specific yield of aquifer WATER, x— -- —. h '- r- _ '.‘if.4`, 3__ _ .:_-- if - : •,� o �� Legend — - _ Farr Farm Property 3k lw • : y • ! t a L IMF Linden Property ="r 4 111-•Linden Farm Property —11 Mill $ . Il McKay Lateral :, allitt.:1:...' - -. .r I JJ ' Farmers Independent Ditch '{n, t r '•' .: ` II. ill I II i - _ r� 'T.'; r.a r. - 3 ' --4.7-....477--.., , pp -- t:,, - r't • •. tar - ►- ,ec A _•�Q'?�- -- �,..�Z .._ , w / a.• ,-Is• �- _ Ir•KS Imo_ - y�.' \ `� . , l ; ; r I .. 4 t , r r -•1 I J , 1 • ..r1 .1 '� Jr ,1 i, r 7•2; s IM t r:2 Fry i •} •p1 -41 •-., �` : "lI M ` . - t 4 iI ) r �' _ ` f 1t • ft. •.r 1Y Y • , , 6 .JJ 1 , • l r - ��ii ' 1 -4'r 'Y .♦ ' •I A'a • {� •-• �► -. L ��!!� , 1 • , l 1 r" 's4 - • in n , . 4.414 9 -,> „Ili I '.rN y1 r, }, .ti r )• s 'tl� 7p{� r• .I•i • , .< - :i • I'7 :r � tir-_-_— .1 {,�. • • .• I' , - - ?-> ' • • �S • I, r' •-.I �'1. rat.' it t • I ,r - f 14 j '-J ., _ �.. c . .. 7 isi all , N" ';.� * } l i♦• j 1� !• _- pfw• t � , s 4 J�1 �,„! e�- if. • y+ • " L<♦.4 y[ r^L'/�,•• .I '.•n: , c-• `tY+t 1 �• -JJ� • t4- '114. � �_'•\it' f) r • 1 ` < �t.af '+ „kW- r �, .. } <.. l u- •r '1,� •tl i 1 N -tkl t r 1 I r .�,r l'" . •,k' • , _ • .A •! , •vT�', Iy , • {>} Y .--•'3 .' ' r ..• I. �� • '( I - l �!:,` r ft- r Y - . 1 t�, 'LK d.. r. _ . 1h ' 'ti , r,'T r �• {{ , ,!.. . .+•.—^ter. . - - , 11'• r. \.l• • .... • 1-. ' ,� A&W Well = JJI'-1 ~ ` •4s • r , i • Permit No:,66220 ( I 'Av."'1" ,' '__S' 7 r 1' r �;: Farr Property t _•• I : W W.. „-, tip ` . , 1 i rtt� prit- l ' ► 1;' - = it No. 6622immt 9 -, — 11 ,vy� :•t }�, i ` - I 1 Sr ••Qy�pj — .� 1•-. :1f - -It • t , :i. _ .1 :'• . '. . I , r. 111.1 yI. 0! • I . . 1 . r , •,. , _I -,-i-r • ..,achesit _ - ,,,I , . it � � c �rlr:• t' Tr, T�ilL .i. oina- r �'�'. Ii 1 1 11�F ,., s. - { ••� r ;. .fir • Y f. �+1.W..4,8. ,i" ^� 'I Ali. ' 1 art.,,i V 500 1 000 /♦d t , - .a , rat ' i I Feet tr. 1' • I '. t Aerial Photo Date: May 24, 2008 ;, _ , . _ Exhibit 2 Date: 12-10-2009 Drawn B . MLH FARR AND LINDEN FARMS• cafe: 1" = 1 ,000' clectrWATERsolttttutts FARMERS INDEPENDENT DITCH r�� water rights • planning • engineering oI. No: 07'-20 NosCesl4 Rued 5.9b.=-VMoq CI•!0525-f7Ct711/t/ _ R67W R66W .. - -L 6. Fan- Well No. 1 T'� - imp 'g� SW1/4 of NE1/4 Sec. 31, Twp. 4N, Rng. 66W _TaN_ TSN T3N `. r z . f i 0 _ Fan- Well No. 2 • - �. O r. SW1/4 of NE1/4 Sec. 31 , Twp. 4N, Rf g. 66W I �•' ,2 7 f swan ton j . • . e is • Saa.,..Aki. .i. , ,,,,, cr , 0 . , tp - . 4, • 1 - '. [i • . si. PLATTEVILLE R rIr • m . . _ - .1 . a . ( , t,. T3N+ • _ A I , • �' � T9N �; T2N T2N • p P. it . • . via .. .. .. . . . o • ,.. " . / IN st L r % .. . . : • �V � — t .1 , I . it I SOS i •. I :MN . • - -- - I TIN _FORT LUPTON;_ _ s----$..,. ,rztka . . _ " good • • ?- Irr ., N�; k . . •• Bateman WellSIMS __ i r # - NE1/4 of SE1/4 Sec. 1 , Twp. IN, Rng. 67W 0 4,500 9,000 Feet �` ' • 0 R67WARR86Wi ) PERM ail.iOTo TAKEN ewe Date: 9-16-2009 Exhibit 3 Drawn By: MLH clearWATERsolutions A&W WELLS Scale: 1" = 9,000 ID vista rights planning niae w..i Leo Job No: 07-220 Exhibit 4 ASW Water Sella Well Information Annual Well Wall Permit W04D Admin.No. Appropdatioo Case Not Decreed Appropriation Location of glover Parameters Neme No Date Una Well Location of Depletion glover Glover% Glover W WNW Sped& (ac-ft) (6) (6) I9pdM Yield W-1693, east-west center section 81CW192, Commercial NE1/4 of SE1/4 Sec. fine of Section 6,Township Bateman 61793-F 2-5327 55682.53723 03CW416 &lndustial 252 1,Twp.IN,Rn.67W 1N,Range 85W,6*P.M2,112 6,077 60.001 0.2 SW1/4 of NE1/4 Sec. Fan Well Irrigation; 31,Tem.4N,Rim. No.1 66220-F 2-6124 35153.00000 3/31/1948 W3972, Commercial 650(vet 66221-F) 66W SW114 of NW1/4 Sec.25. 10,200.5 18,223.1 190,000 0.2 92CW309 &lnduehtel SWIM of NE1/4 Sec. Two.4N,ling.67W Fen Web (pending) 31,Twp.4N,Rap. No.2 68221-F 2-6115 28304.00000 6/30/1927 850(w/66220-F) 66W NOW: (I)Over%NS Glover parameters: m wet/ Glover x m)=di distance well/recharge gh witreSouth 986t aquifer Glover W m)•daterca from river through walVrechege site to equtier boundary 111 Glover T(gpd8)=benemlasivity of aquifer WATER Glover S•apecdc skid of aquifer ...._ ,.. WATER SUPPLY AGREEMENT This WATER SUPPLY AGREEMENT("Agreement")is made and entered into this 25th day of March ,2008,by and between the City of Longmont,a municipal corporation organized under the laws of the State of Colorado and acting by and through its Water Utility Enterprise("Longmont)whose address is 1100 South Sherman Street,Longmont,Colorado, 80501,and A&W Water Service,Inc.,whose marling address is P.O.Box 887,Fort Lupton, Colorado,80621("Customer"). Longmont and Customer may sometimes be referred to herein individually as a"Party"or collectively as"Parties." RECITALS A. Longmont,a home rule municipality,duly organized and existing as a home-rule city under Article XX of the State of Colorado Constitution,acting on behalf of its water utility entaprise,is authorized,pursuant to Sections 1.2,1.3 and 11.1 of Longmont's Home Rule Charter and Section 31-15-101,et seq.,C.R.S.,as amended,to acquire,hold,lease and dispose of real and personal property,including water and water rights. B. Longmont owns water,water rights,or water credits in the St.Vain Creek basin that are My consumable. C. Longmont and Customer desire to enter into this Agreement to provide for folly- consumable water to be supplied by Longmont to Customer for use in its augmentation plan as described below. ' 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 arefifiriiency of which is hereby acknowledged,the Parties agree as follows: 1. Em*. Longmont hereby agrees to provide to Customer up to 600 acre-feet of fully consumable water per water year(the"Subject Water")during the term of this Agreement, supplied as follows: Aprr71,2008—Mach 31,2009: 180 AF Apra 1,2009—March 31,2010: 300 AF April 1,2010-Mach 31,2011: 420 AF • April 1,2011—March 31,2012: 480 AF April 1,2012—Mam1131,2013: 540 AF April 1,2013 through termination of lease: 600 AF/year The Subject Water is anticipated to be delivered in approximately equal volumes each month of the year,for example,1S AF per month in 2008-2009;25 AF par month in 2009-2010,etc. The specific volumes to be supplied in each month shall be provided by Customer to Longmont in writing no later than April 1 of each year. 1 o '.he Subject Water may be selected and delivered by Longmont,in its discretion,from various sources including reusable effluent water stored in Union Reservoir,other fully consumable water controlled by Longmont or water from any other source,provided the Subject Water shall be usable by Customer for its stated purpose. 2. Deliveries. 2.1. Point of delivery. Longmont shall,at its sole discretion,deliver the Subject Water at either(hereinafter the"Delivery Point"): (1)the outfall of Longmont's municipal wastewater treatment plant,presently located in the SE%NW'%of Section 11,T2N, R69W of the 6s`P.M.;Boulder County,Colorado,or(2)the confluence of Spring Gulch and the Saint Vain Creek,presently located in the SE%of Section 7,T2N,R68W of the 6m P.M.,Weld County,Colorado. Customer shall bear any losses associated with conveyance of the Subject Water from the Delivery Point to any location where Customer may use the Subject Water. Longmont shall he responsible for all losses and/or return obligations associated with delivery of • the Subject Water to the Delivery Point 2.2. Timing of deliveries. The Subject Water shall be delivered based upon the schedule outlined in Paragraph 1. Notwithstanding the foregoing,Customer and the Executive Director of the Public Works and Water Utilities Department may mufually agree in writing to adjust the monthly distribution schedule and amounts as set forth in Paragraph 1 to accommodate Customer's operational requirements. 2.3. Accounting. Longmont shall maintain an accounting of all deliveries of the Subject Water to Customer,and shall provide copies of such accounting to Customer upon request 3. Use of Subject Water. Customer shall use the Subject Water fur augmentation to replace out-of-priority depletions from its wells as described in the application in Case No. 05CW40,Water Court,Division No. 1,and the related Substitute Water Supply Plan. 3.1 Augmentation and/or substitute supply plan. Customer may seek Water Court approval of a plan for augmentation,or a State Engineer approved substitute supply plan, using the Subject Water as a source of augmentation or replacement water;however,no change of Longmont's water rights shall be applied for or reviewed in any such plan,and,following the expiration or termination of this Agreement,Customer acknowledges that Longmont has no duties or obligation to provide water for the replacement of depletions,delayed or otherwise, arising from the operation of such plan. Prior review by Longnuont will be required regarding submittals of a substitute supply plan and/or a water court request,except for the 2008 substitute supply plan and water court application in Case No.05CW40,which have already been reviewed by Longmont. 3.2 Other approvals. Customer shall be responsible for obtaining all necessary authorizations,approvals,water court decrees,and/or permits from any and all private entities,and local,state,and federal agencies, as may be required to effectuate use of the Subject 2 • n Water by Customer pursuant to this Agreement If requested,Customer shall provide copies of any such authorizations,approvals,and peanits to Longmont 4. Bak. For the first five(5)years during the team of this Agreement,Customer agrees to pay Longmont$258.00 per aerie-foot of Subject Water("Initial Rate"). Payment for the Subject Water deliverable during the first year of this Agreement(April 1,2008 through March 31,2009)shall be due contemporaneously withrthe execution of this Agreement,and payment for all subsequent years shall be due no later than April lm for the Subject Water deliverable the following year. Such annual payments shall be nonreflmdable and not contingent upon whether the Subject Water is actually divested or used by Customer,so long as Longmont delivered the Subject Water. Begiaaing inthe'sixth year of the turn of this Agreement and for the remainder of the tam oft is Agreement,the Initial Rate shall be subject to increases(the "Adjusted Rate")based on T anemones analysis of the pro rata cost ofthe Longmont water system facilities used for providing the Subject Water("Cost of Service Analysis"). Longmont may conduct Cost of Service Analyses at its sole discretion during the term of this Agreement Factors included in Longmont's Cost of Sadoe Analyses and determinations of the Adjusted Rate may include,without limitation,the costs attributable to developing Longmont's base raw water supply,yearly assessment costs to acquire raw water from third party suppliers,costs to conshuct,operate and maintain Longmont's raw water system,losses attributable to developing areusable water supply,and the then-amrontmadmt value of frilly-consumable water. Upon completion of a Cost of Services Analysis,and no later than September 1,Longmont shall notify Customer,in writing,of the Adjusted Rate for the Subject Water,which Adjusted Rate per acre- foot of Subject Water shall become affective for the next payment due no later than April lee,as descried above. The Adjusted Rate charged to Customer shall be the same Adjusted Rate charged to other contract purchasers,as adjusted to Deflect those costs or increased costs that may be.speafie to only Customer and not to other contract purchasers. The T*dtiR1 Rate shall remain in act until a cost of Service Analysis is completed,as set forth above. The Adjusted Rate may be farther adjusted pursuant to subsequent Cost of Service Analyses. 5. Ism. The temp of this Agreement shall be from April 1,2008,through October 31,2027,unless terminated earlier in accordance with the provisions of this Agreement 6. Curtailment Customer acknowledges that the availability of the Subject Water provided for here under is dependent upon natural water resources that are variable in quantity of supply from year to year,and which can be affected by causes beyond Longmont's control. Accordingly,deliveries pursuant to this Agreement may be curtailed by Longmont during. 1) times of drought 2)force majeure events,or 3)if otherwise required by Longmont's Water Supply and Drought Management Plan("Drought Plan'),as it may be amended from time to time. Customer acknowledges that this Agreement is subject to all provisions of the Drought Plan. In the event of curtailment or reduction of deliveries caused by the events 1-3 above, Longmont shall refund to Customer the advanced payment received for any amount of the Subject Water that is not delivered. Longmont shall use best efforts to inform Customer of any event which it reasonably foresees may cause an interruption in deliveries pursuant to the events 1-3,above. Longmont shall notify Customer,in writing,of any curtailment of deliveries under this Agreement and shall include in such notice the reasons for curtailment the extent of the curtailment,Ind a reasonable estimate of the length of such curtailment • 7. Untreated water. The water delivered to Customer under this Agreement is untreated or non-potable water of whatever quality that is now or in the furore available from the sources specified herein. Delivery of non potable water under this Agreement will be on an"as is"basis only,and Longmont does not warrant the quality of the Subject Water or the suitability of the Subject Water for any particular purpose. Customer shall not make any claim against Longmont arising fiom the quality of water delivered,and Longmont shall have no treatment • responsibility for the Subject Water made available under this Agreement 8. Indgmaggijat Customer shall bear all responsibility for its use of the Subject Water provided under this Agreement,together with the costs associated therewith. Customer shall defend,indemnify and hold harmless Longmont from and against any and all damages, claims,losses,obligations,other costs,and other liabilities arising out of Customer's use of the Subject Water provided under this Agreement 9. Transfer and assienmeat The Parties agree and acknowledge that there may be times when Customer does not need the full volume of Subject Water due to uncertainties in projecting atagmentstion water needs. In that event Customer may transfer the unneeded Subject Water to another party,but the transfer fee shall not exceed the then-eve fee paid by Customer to Longmont for each acre-foot of water transferred and shall not exceed a transfer length greater than one year. Customer shall provide written notice to Longmont of each transfer. This Agreement may be not be assigned in its entirety by Customer to another party without the prior written consent of Longmont Prior to entering into any transfer of water under this Agreement,Customs shall notify Longmont of the unneeded water amount and will request a change in the delivery schedule accordingly. Longmont shall have 15 days to respond to the request,and if no response is received in that time,Customs may transfer the water to another party as set forth above.In the event of any transfer,Customer shall remain liable for payment to Longmont of the applicable fee set forth in this Agreement 10. Water Conservation. Customs agrees to implement or continue reasonable Best Management Practices(`BMP") for water conservation during the teun of this agreement This subparagraph shall not be construed to require any specific BMP, but shall broadly be held to encourage reasonable, cost effective efforts to conserve water used by Customer both under this agreement and for base water supplies used.by Customer. Lessee is a wholesale water provider for oil wall exploration, drilling and work-over operations on the Front Range. Lessee pumps water from alluvial groundwater wells to fill tanker trucks,which haul water directly to the oil well sites for use. In the process of filling,transporting and delivering the water supply to the oil well sites, there is very little water loss since water iB pumped and stored in dosed pipes and tanker trucks. Lessee strives to prevent water waste, particularly because its pumping is considered to be 100% depletive for the purposes of its plan for augmentation. Lessee will continue to monitor its practices to ensure that water is used efficiently. 11. Integration. This instrument embodies the whole agreement of the Parties with respect to the subject matter contained herein. This Agreement shall supersede all previous communications,'representations,or agreements,whether verbal or written,between the Parties hereto. There shall be no modification of this Agreement nor waiver of any of its provisions 4 except upon mutual agreement of the Parties expressed in writing,executed with the same formalities as this instrument 12. Default remedies. A default shall be deemed to have occurred if either Party breathes its obligations hereunder and fails to cure such breach within thirty(30)days of written notice from the non-breaching Party specifying the breach. Waiver or failure to give notice of a particular default or defaults shall not be construed as condoning or acquiescing to any continuing or subsequent&Rui t In addition to other legal remedies available to it;including specific performance and damages,the non breaching Party shall also have the right to named this Agreement for noncompliance with any provision hereunder by giving written notice of cancellation;provided that such Partyhas previously given the other Party written notice of such noncompliance and the other Party has not cured suchnoncomplimw 13. Notices=payments. All notions;payments and other communications under this Agreement shell be in writing,except as otherwise provided Sr in this Agreement All such notices and communications and all payments shall be deemed to have been duly given on the date of service,if delivered and served personally,or served via fiwsimile(with respect to notices and communications only)on the person to whom notice is given;on the next business day after deposit for overnight delivery by a courier service such as Federal Express;or on the third day after mailing,if mailed to the Party to whom payment and notice is to be given by first class mail,postage prepaid,and properly addressed as follows: Longmont City of Longmont Public Works and Water Utilities Director 1100 South Shaman Street ' Longmont,Colorado 80501 Facsimile(303)651-8812 With a Copy to: City of Longmont City. Attorney 408 Third Avenue Longmont Colorado 80501 Customer. A&W Water Service,Inc. P.O.Box 887 Fort Lupton,Colorado 80621 Persons and addresses to which notices are to be sent may be changed by the same method. 14. No beneficiaries. This Agreement is for the sole benefit of and binds the Parties, their successors and assigns. This Agreement affords no claim,benefit,or right of action to any third party. Any person besides Longmont or Customer receiving services or benefits under this Agreement is only an incidental beneficiary. 15. Governmental immunity. Nothing in this Agreement shall be construed to waive Longmont's protection from liability or the limitations on its liability due to its sovereign 5 immunity under the Colorado Governmental Immunity Act or otherwise. 16. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In the event of litigation over this Agreement,jurisdiction and venue shall be proper and exclusive in the District Court in and for Boulder County,State of Colorado. 17. Force majeure. Customer acknowledges that the availability of the Subject Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply,and which can be affected by causes beyond Longmont's control. Moreover,Longmont shall not be liable fie any delay or failure to perform its obligations under this Agreement caused by an event or condition beyond the reasonable control og and without the fault of Longmont, including without limitation failure of facilities,flood,earthquake,storm,lightning,fire, epidemic,contamination,war,terrorist act,riot,civil distubance,labor disturbance,accidents, sabotage,or restraint by court or restrictions by other public authority which delays or prevents performance(mcluding but not limited to the adoption or change in any rale,policy,or regulation or environmental constraints imposed by federal,state or local governments),which Longmont could not reasonably have avoided by exercise of due diligence and foresight Upon the occurrence nce of such an event or condition,the obligations of Longmont under this Agreement shall be excused and suspended without penalty or damages,provided that Longmont shall give Customer written notice describing the particulars of the occurrence or condition,the suspension of performance is of no greater scope and of no longer duration than is required by the event or condition,and Longmont proceeds with reasonable diligence to remedy its inability to perform and provides progress reports to Customer describing the actions taken to remedy the consequences of the event or condition. 18. hgtmendeplsoltign. Both Parties shall perform all services under this Agreement as independent contractors,and not as an agent or employee of the other Party. No official or employee of Longmont shall supervise Customer. No official or employee of Customer shall supervise Longmont Neither Party shall represent that it is an employee or agent of the other Party in any capacity. Neither Party owes the other party a fiduciary duty pursuant to the terms or conditions of this Agreement Neither Party has any right to Worker's Compensation benefits from the other Party or its insurance carriers or funds. Customer shall pay and federal and state income tax on money earned under this Agreement 19. No oontnnins duty to smith water. Longmont shall have no obligation to supply water to Customer after this Agreement expires or is otherwise tenniThatt By agreeing to deliver water to Customer under this Agreement,Longmont does not intend to represent itself es a public utility to Customer or others in such regard nor shall it be deemed to operate as a public utility. Customer shall not assert that Longmont is a public utility by reason of delivering water pursuant to this Agreement,nor that it is subject to regulation as a public utility or subject to regulation by the Colorado Public Utilities Commission or to rate regulation by any other public entity. 20. Counte parts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,and all of which shall constitute one and the same 6 4 Agent Fcirsimile signatures shall be acceptable and binding upon all Parties. 21. &tam All paragraph headings used herein are for the convenience oldie Parties and shall have no meaning in the interpretation or effect of this Agreement 22. Negotiated provisions. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the feet that it may have been prepared by counsel for one of the Parties,it being recognized that both Longmont and Customer have c ont ibuted substantially and materially to the preparation of this Agreement 23. Mut& The Parties warrant that they have taken all actions necessary or required by their own procedures,bylaws,or applicable law,to authorize their respective signatories to sign this Agreement for them and to bind them to its terms. Executed as of the date first set forth.above. CITY OF LONGMONT,acting by and through its Water Utility® I( Mayor• APPROVED AS TO FORM: ity Date 2(?A10I ater Date• /27, 1 r Pa�.�-- dDate /D 02/ a6y APP OVER ORM AND SUBSTANCE: 9,� Originating Department -Date` � 7 . •d • A&W WAS ERVICE,INC. By A�l j i✓KJJ r/ Gary W Preandent y-a, Date 411414EState of Colorado ) �a ro.) as. (410-1-44)/1 Cotmty of Weld ,p„ °UC I that the foregoing inehvmemt was ' !::'; -me this__ _day of n!!h .2008,by(Jary Wright as President ofA&W Water Service Inc. Notary Public,State of Colorado My commission expires: 9/3,,9 • State Of Colorado ) ) ss. County of Boulder ) • tetI attest that the foregoing instrument was acknowledged before me this 2Yo t day of "OW 2008 by r•RIn bM 9 , as the' Mayor of the City of • Witness my hand and official seal. CITY CLERK 'r. ear 5 Notary Public,State of Colorado Mee My commission expires: `4'p I : MY.�QmAmis _ � , . '�.m4 . • Jana 300,2006 �1 • CO Vat" 8 Exhibit 6 AGREEMENT BETVVEEN THE CITY OF AURORA,COLORADO,ACTING BY AND THROUGH ITS UTILITY ENTERPRISE AND A&W WATER SERVICE,INC.FOR LEASE OF FIRM DELIVERY RECLAIMED WASTEWATER TIiIS LEASH("L ")is entered into this tdayof Smrr6" ,2009,by and among the CITY OF AURORA, COLORADO,A COLORADO MUNICIPAL CORPORATION OF THE COUNTIES OF ADAMS,ARAPAHOE AND DOUGLAS ACTING BY AND THROUGH ITS UTILITY ENTERPRISE,(" "), whose address is 15151 East Alameda Pakway, Suite 3600, Aurora, Colorado 80012, and A&W WATER SERVICE, INC. ("Atka" or "IRseeen), whose principal plane of business is located at 1892 Denver Avenue, Fort Lupton, Colorado 80621. WITNESSETW WHEREAS,Aurora has the right to use, sell,or lease certain of its reusable municipal reclaimed wastewater return flow to the.South Platte River ;and WHEREAS,such Reclaimed Wastewater is derived from tranutwuntain or other reusable sources;and WHEREAS,Lessee has a use for a certain portion of such Reclaimed Wastewater;and, WHEREAS,on February 5,2008,Aurora and Lessee entered into that certain Agreement for Lease of Firm Delivery Reclaimed Wastewater (the "fawn-Term Lease"), under which Aurora agreed to deliver a portion of such Reclaimed Wastewater to Lessee during the period beginning April,2008 and continuing through March,2011;and WHEREAS,in accordance with the terms of the Short-Term Lease, Lessee has already prepaid Aurora an amount totaling Twenty-Three Thousand Five-Hundred Fifty dollars ($23,550.00) thr the delivery of 78.5 sere-feet of Reclaimed Wastewater during October, 2009 through March,2010;and WHEREAS,Aurora and Lessee now desire to terminate the Short-Term Lease and enter into a long-term agreement whereby Aurora shall lease a portion of such Reclaimed Wastewater to Lessee;and, WIIIMEAS, this Lease will be of mutual benefit and convenience to the chisel = of Aurora and Lessee. NOW, THEREFORE, 1r and is consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereto agree on all the terms and conditions set forth below: 941119N215r3S9 1 1. Term of Lease. The tent of this Lease shall commerce on the first day of the first full calendar month allowing the Effective Date (as defined in Paragraph 16) (the Water ")and shall end on March 31,2029. 2. Amountof Water to bauxite& Beginning on the Water Delivery Date,Auras shall deliver to Lessee at the Delivery Point, as defined in Paragraph 3 below,200 acre-feet feet of Reclaimed Wastewater during each Lease Year in accordance with the Delivery Srhevi le, as defined in Paragraph 5 below. "Leese Year"shall mercy with aspect to the first Lease Year,the period between the Water Delivery Date and March 31,2010,and,with respect to all other and subsequent Lease Years,the twelve-month period begomiog mi April I of each year during the tam of this Lease. The parties acknowledge and agree that the amount of Reclaimed Wastewater delivered dining the first Lease Year shall be the sum of the monthly deliveries during the period between the Water Delivery Date and Marsh 31, 2010, as set kth in the Delivery Schedule. .3. Delivery of Leased Reclaimed Wastewater. • (a) Delivery Points. Lessee agrees that Aroma shall initially make its delivery of the Reclaimed Wastewater at the entail of the Metro Wastewater Reclamation District treatment ffid lty located on the South Platte River("1402"). Lessee further agrees that Aurora may, in its sole discretion,.satisfy its delivery obligations under this Lease by delivering the Reclaimed Wastewater at any other delivery point or delivery points on the South Platte River (each of Metro and such other delivery points,hereinafter,a" y,gph" and collectively, the"Delivery Points");provided,that such alternative delivery points are located within a reach of the South Platte River beginning at or below Metro and continuing downstream to a point at or above the location where Colorado Highway No. 52 intersects with the South Platte River, point more particularly decanted as lying on the east-west center section line of Section 6, Township 1 North, Range 66 West of the 6th Prime Meridian, Weld County, Colorado (such location,the"at ofuse"). Lessee acknowledges and agrees that the alternate Delivery Points may include,but are not limited to,other wastewater treatment plants that may be constructed in the &tem which discharge Reclaimed Wastewater owned by Aurora, the Brighton Ditch Augmentation Stations,the outall of Walker Reservoir,and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use at any given time. Once the delivery of any Reclaimed Wastewater leased hereunder has bean completed,Lasses shall assume sole liability for any loss,damage,or injury that may occur to persons or property as the daect or indirect result of the control and/or use of said Reclaimed Wastewater by lessee. Lessee also acknowledges the travel time between the alternate Delivery Points and Lessee's Point of Use varies. The parties acknowledge and agree that Amore's obligations with respect to the amount of Reclaimed Wastewater to be delivered under this Lease,as set forth in Paragraph 2 and in the Delivery Schedule,is based on delivery made at the Metro outfall,which amount was calculated by Lessee to include any transit loss caused by seepage and evaporation from the river between the Metro outfail and Lessee's Point of Use. 941119=15835a 2 (b) Credit fibr Avoided Transit Loss. Aurora's obligations with respect to the volume of Reclaimed Wastewater to be delivered under this Lease are deemed to be satisfied if Aurora makes deliveries in such amounts as if delivered at Metro. Thus, if Aurora elects,in its sole discretion,to make its delivery of any Reclaimed Wastewater under this Lease at a Delivery Point other than Metro, and if delivery at such alternative Delivery Point(s) results in reduced transit loss,Ammo shall be entitled to retain such avoided transit loss with no credit to Lessee in water,money or otherwise. Aurora shall maintain and provide to lessee a monthly accounting and report of daily deliveries at the Delivery Point(s). Aurora shall provide this monthly accounting to Lessee no later than the 10th day of the month %Bowing the tamer r in which the deliveries are made. For the purpose of calculating the amount physically delivered at any alternative Delivery Point®,the parties hereby agree tart the volume of Rechdmed Wastewater required to be delivered by Auras in accordance with the Delivery Schedule shall be discounted by an amount equal to one-half of one percent(05%)of such volume during the April through September irrigation season, or one-fourth of one percent (0.25%) of such volome during the October through March non-Irrigation season,for each river mile in distance between Metro and such alemative DeliveryPoint(s)(such distance calculated to the nearest one-tenth of a mile),or by such other amount as determined by the Division Engineer for Water Division No. 1 (such office or its replacement the "Division Engineer") or as specified in an applicable statute or decree from a court of applicable jurisdiction. The product of this calculation shall represent the amount of avoided transit loss in acre-foot,which Aurora shall be entitled to retain. (c) WiPalighgrAgaggigg, Lessee will be solely responsible for any and all reporting and accounting required by the Colorado State Engineer or any other lawful authority after Aurora makes the Reclaimed Wastewater available at the Delivery Points. This responsibility includes, but is not limited to, reporting and accounting concerning the transportation of the Reclaimed Wastewater thin the Delivery Points and Lessee's use of the Reclaimed Wastewater. In addition to the report requirements set forth in Paragraph 3(b)above, Aurora wi 1pefon]any and all reporting and accounting required by the Division Engineer,the Colorado State Engineer or any other lawful authority concerning conveyance of the Reclaimed Wastewater to the Delivery Points. 4. $nuke of Loserligilkwat. Aurora and Lessee agree that the sole source of Reclaimed Wastewater leased under this Lease shall be Aurora's reusable municipal return Sows to the South Platte River that Aurora is legally entitled to use for the purposes of this Lease. Under no circumstances will this Lease be interpreted to mean that Aurora must supply either raw or treated water should Reclaimed Wastewater be unavailable. 5. peavey Schedule. Delivery of the Reclaimed Wastewater will be made in accordance with the water delivery schedule attached hereto as MASA and incorporated herein by t is reibreace(the"pelivery Schednle'7. No later than March 15 ofeach year,Lessee may submit to Aurora a proposed modified monthly delivery s tinwhale(a'sfodified Schedule', setting forth revised monthly delivery totals for the upcoming Lease Year,the sum of which shall equal the total set firth in Paragraph 2. Any proposed Modified Schedule shall be effective only upon.Amore's written consent, and upon Alma's acceptance of any Modified Schedule such Modified Schedule shall be the Delivery Schedule for that Lease Year. As long as Aurora is capable of delivering the Reclaimed Wastewater to the Delivery Points according to the Delivery 9411195112158359 3 %Antal% Lessee will be obligated to pay the per acre-foot charge set firth in Paragraph 7(a) hereinbelowregardless of whether or not Lessee requests or uses the Reclaimed Wastewater. 6. Sehordination.Clause, Ms Lease shall be made expressly subordinate to any present city use of effluent for purposes of augmentation or exchange, as well es to the water supply obligations which Aurora has insured or will incur tough any of the following: a)the March 2, 1981, Water Lease Agreement with the try of Arvada, Colorado and any renewals thereat b)the October 25, 1993, Effluent Agreement with the State of Colorado,Division Of Pat and Outdoor Recreation and any renewals thereat c) its obligation pursuant to the Substitute Water Supply Plan fir Upper(may C reekManagement Association approved March 19, 1998 and any renewals the eot d)its obligations pursuant to Water Division 1, Case Nos. 95CW226.& 227, Case No. 99CW158, Case No. 01CW284 and Case No. 02CW341; e)•the April 23,2001 Agreement for Lease of Reclaimed Wastewater with Calpine Corporation;t)the May 20,2003 Water Rights Purchase and Sale Agreement with the City of Thornton,Colorado; g) the May 19, 2006 Reusable Wald Lease Agreement with the Central Colorado Water Conservancy firm delivery annual lease of Reclaimed Wastewater.executed prior to the date of this Lease. 7. YSyPa S (a) at Lessee agrees to pay to Aurora the amount of Three Hundred dollen ($300.00) per acre-fbot (thee "Unit Rate") of Reclaimed Wastewater delivered under this Lease,except as each Unit Rate may from time to time be adjusted in accordance with the tarns of this Subparagraph 7(a). From and after the Water Delivery Data,Lessee shall pay Amara for the water scheduled to be delivered during each Lease Year (the "Amine' Water mean") as provided in Paragraph 7(b) below. The Annual Water Payment shall be the product of the Unit Rate multiplied by the total number of acre-feet of Reclaimed Wastewater scheduled to be delivered during the subsequent Lease Year in accordance with Paragraph 2 and the Delivery Schedule. For the first Lease Year under this Leese,the Annual Water Payment shall be reduced.by Twenty-Three Thousand Five-Hundred Fifty dollars($23,550.00)to reflect the prepayment received by Anna from Lessee fir the delivery of 78.5 awe-feet of Reclaimed Wastewater during October, 2009 through March, 2010 in accordance with the terms of the Short-Tam Lease. The Unit Rate shall be increased or decreased on the second day of January precxding.each five-year anniversary of the Water Delivery Date based upon any change over the preceding five-year period ha the Core Consumer Price Index (CPI-All Urban Consumers All Items Less Food and Energy),published by the United States Department of Labor,Bureau of Labor Statistics(the" j"),or successor index should publication of the Core CPI cease. (b) Pram. On the Water Delivery Date and on Apra 1 of each succeeding year,Aurora shall bill Lessee fir all Reclaimed Wastewater it will deliver to Lessee during the following Lease Year. All billing shall be done on such forms as designated by Aurora for that purpose. Payment by Lessee shall be due no later than forty-five(45) days alter such bill has been issued If Lessee does not make the required payment by the the date,Aurora may give lessee a notice of default. If Lessee does not cure the default by maktag full payment within thirty(30)days of receipt of any notice of default,then Aurora,in addition to pursuing any other remedies available in it,may declare this Lease terminated. hr the event that Aurora exercises its right to reuse of all or a portion of the Reclaimed Wastewater in accordance with Paragraph 11 9411195112151359 4 below, Lessee shall be entitled to a credit(the "Use Credit") against the next Annual Water Payment that is due. The Use Credit shall be calculated as the product of the amount,in acro- bat,of Reclaimed Wastewater reused by Aurora multiplied by the Unit Rate in effect during the Lease Year in which such reuse occurred. S. Np_giarguad. Except as otherwise provided in this Lease, the parties acknowledge tint all Reclaimed Wastewater leased hereunder is intended Sr the present and future use of Aurora. It is farther understood and agreed to by the parties that this lasso shall confer no rights in such Reclaimed Wastewater upon Lessee, nor shall arty ihture needs of Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed Wastewater,other water or water rights. Lessee farther acknowledges the statutory prohibition against vesting of a right Sr a oorthmed lease expressed is CRS § 31-35201 applies in these circumstances 9. Use of Teased Reclaimed Weetowata: Lessee shall have the right to use the Reclaimed Wastewater deeded under this Lease for augmentation of depletions in Water Division 1,Water Commissions District 2. 10. }To Opposition to Water Court Mattes. Prom the date of execution of this Lease through the conchraion hereof; lessee agrees that neither it nor any successors, if any are allowed, will oppose Aurora in any Colorado Water Court Applications filed by Amos to change the water rights associated with that certain one-twelfth(1/12)share of the Stock of the Platteville Irrigating and Milling Company, as represented by share certificate no. 18, or any application to use such water rights as an augmentation saute or source of exchange. 11. Aemajskaaggnettlkagm. The parties hereto acknowledge that hydrologic and other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed Wastewater flow available to it under this Lease. Aurora may contact Lessee, not mote frequently than once per day,to determine if any of the Reclaimed Wastewater leased hereunder will not be needed. If Lessee confirms is writing that any portion of the Reclaimed Wastewater to be provided by Aurora will not be needed by Lessee,Aurora,at its option,may use the same for any purpose. If Amore uses any such water,it will determine the amount t enio&and it will notify Lessee in writing and credit Lessee the Use Credit set forth in paragraph 7(b)above on the next invoice issued to Lessee. 12. Bfrtire 4pcemaut of the Parties. This writing constitutes the entire agreement between the pasties end supersedes all prior written or. oral agreements, negotiations,; representations, and undasta dings of the parties with respect to the subject matter contained herein. 13. lermingibuiSinraggagas The parties agree that as of the Water Delivery Date, the Short-Term Lease will terminate and hereafter be of no further force and effect; provided, however, that (a) the parties shall remain liable Sr any obligations under the Short- Term Lease that survive termination including,without limitation, any reporting raquncem ants, and (b) any prepayment received by Aurora than Lessee under the terms of the Short-Tam Lease Sr Reclaimed Wastewater to be delivered during 2009 shall be credited to Lessee as provided for in Paragraph 7(a). The parties hereby further agree to perform any acts and/or 9auW5\1215835.9 5 execute any documents as may be reasonably requested by either patty in order to eflbct the termination of the Shoat-Team Lease. 14. Ammximeal. This Lease maybe amended, modified,mod,or terminated in whole or in part only by written agreement duly authorized and executed by the parties hereto. 15. Authority of the Director of Aurora,Water. The Director of Aurora Water, as head of the Aurora Water Department, is authotized to execute this Lease pursuant to the authority set Mr in Section 12(13)of the City of Arupts's Millinishadve Policy Memorandum No.3-34,which policy became effective on September 1,2009. 16. Eflcestive Date, This Lame shall be in MI force and effect and en8ormable in accordance with its terms on the date signed by Man 17. Authority of the City Manager. The City Manager of the City of Aurora,without any separate authorization by the City C000cil of the City of Aurora, has the authority to: (i) enter into such amendments or other moons of this Lease as the City Manager may deem necessary for the purpose of extending deadlines provided f r in this Lease or making admix sitadve motions to this Lease and (if) arearte such other documents as are necessary to effectuate the tams of this Leash provided,lmwever,that City Manager may not make any such amendment or modification which is reasonably expected to Increase the sums payable by Aurora to Lessee lteremmder. 18. The parties agree that ibis Lease pay be enforced in law or in equity for specific performance, itduncdve, or other' appropriate relief, including damages, as may be available according to the laws of the State of Colorado. It is specifically understood that,by exec:ming this Lease,each party commits itself to perform pursuant to the terms hereof, and that any breach hereof resulting in any recoverable damages shall not thereby cause the termination of any obligations created by this Lease Seas such termination is requested by the party not in breach hereof. 19. Governing Law and Venue;. This Lease and its application shall be construed in accordance with the laws ofthe State of Colorado. The parties agree that venue for any litigated disputes regarding this Lease shall be in the Arapahoe County District Corn 20. Failure to Perform Due to Roe Maleure. Subject to the terms and conditions in this Paragraph,no party to this Leese abaft be liable for any delay or failure to perform under this Lease due solely to conditions or events of force msjare, as that term is specifically defined herein;provided that A)the non ptribrming patty gives the other party prompt written notice describing the particulars of the occurrence of the feat majeurc B) the suspension of performance is of no greater scope and of no longer duration than is required by the force majeure event or condition;and C)the non-perfuming party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other party describing the actions taken to remedy the consequences of the force mojeure event or condition. As used herein force majeure shall mean any delay or allure of a party to peibnnn hs obligations under this Lease caused by events beyond the party's reasonable control,and without the fault or negligence of the party, including, without limitation (i) changes in state or federal law or A41 f9S1215r359 6 administrative practice concerning, water rights administration, water quality or stream flow requirements, (ii) changes in state water rights administrative practice concerning the mute of reclaimed wastewater through leases to others Sr use at locations other than Aims, Colorado, including,but not limited to, challenges to retained dominion and control, (iii)acts of Clod, (1v) sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes, (v) sabotage, (vi) vandalism beyond that which can be reasonably prevented by the party, (vii) (Ail) war, (ix) riots, (x) fin, (xi) explosion, (I) ware cold or hot weather, (xiii) mow,(xiv)a drought condition more severe than that which occurred in the years 1954-1957 in the. South Platte River Basin, (xv) other extreme weather conditions, (xvi) blockades, (xvii) inn n, (xviii) atrtlre, slow down or labor disruptions (even if such difficulties could be resolved by conceding to the demands of a labor group); (xix) actions by federal, state, municipal, or any other get or agency {mcluding but not limited to,the adoption or change in any rule or regulation or environmental=Mint imposed by federal, state or local government bodies) but only if such require , actions, or allures to act prevent or delay perineum, (xx) inability, despite due diligence, to obtain required licenses, permits or approvals, and, (hod) changes of law relating to financial obligations,revenues and budgetary mattes concerning Colorado local governments and their enterprises. In the event a force majeure went or condition prevents Am from delivaing all or part of the agreed upon amounts ofReclaimed Wastewater to Lessee,Aurora shall refund all advance payments made for that water not delivered. In no event will any delay or Somme of perfnmmace caused by any conditions or events of tierce majeure extend this Lease beyond its Mated to h. In the event any delay or ffiilme of performance on the part of the party claiming tree majeure continues fur an uninterrupted period of more than one hundred twenty (120) days from its occurrence or inception as noticed meant to this Paragraph,the party not claiming three msjeoe may,at any time following the end of such one hundred twenty(120)day period,terminate this Lease upon written notice to the party claiming force interne,without further obligation except as to coats and balances incurred prior to the effictive date of such termination. 21. Intent of Lease. This Lease is intended to describe the rights and responsibilities ofsind between the named parties and is not intended to,and shall not be deemed to conk rights upon any persons or entities not named as patties, nor to limit in any way the powers and responsibilities of Aurora,L0U"or any other entity not a party hereto. 22. )erect of Invalidity, If any provision or portion of this Lease or the application thereof to any person or corn ea shall, at any time or to any extant be invalid or unenforceable for any reason by a Court of competent jurisdiction,and the basis of the bargain between the parties hereto is not destroyed or r ndeted ineffecdve thereby,the remainder(title Lease,or the application of such provisions to persons or circumstances other than those as to which it is held invalid or=enforceable,shall not be affected thereby. 23. Non-Assignability and Subleases Neither Aurora nor Lessee may assign its rights or delegate its duties hereunder without the prior written consent of the other party. Lessee may not sublease the Reclaimed Wastewater to which it is entitled pursuant to this Lease without the prior written consent of Aurora,which permiasion Aurora may grant or withhold at its discretion. In the event of any sublease of all or any portion of the Reclaimed Wastewater, Lessee shall not be released or discharged from any liability, whether past present or future, under this Lease,Lessee's liability shall remain primary,Aurora shall have no obligation to any 941Pa5V2158359 7 such sublessee,and,in the event of default by any sublessee in porfomnance or observance of any of the covenants or conditions of this Lease,Aurora may proceed directly against Lessee without the necessity of exhausting zemediess against said sublessee. a This Lease and the rights and obligations created hereby shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns if any are allowed. The parties intend that Aurora shall not incur any liability other than those liabilities directly running to Aurora or assigns permitred under this Lease, if any. Lessee therefrom covenants and agrees to inde min', save and hold harmless Aurora from all liability, cost or expense of any kind, including Aurora's costs of defense, to any other party, arising in connection with or relating in any way to the lion, delivery or perffirmance of any allowed assignment or any related document by the parties thereto or to the consummation ofmry transaction in exmnxdoa with such documents. 25. Waiver of Bro tai. Waiver of breach of any of the provisions of this Lease by either party shall not constitute a continuing waiver of any subsequent breach by said party of either the same or any other provision of this Lease. 26 This Lease may be simultaneously executed in any number of counterparts,each one of which shall be deemed an original,but all of which constitute one and the same Lease. 27. Headings for Convenience. Headings and titles contained herein are intended for the convenimoe and reference of the parties only and are not intended to confine, limit, or desalt the scope of intent of any provision ofthis Lease. 28. $ . Following the execution of this Lease, the parties may cause this Lease to be recorded with the Clair and Recorder's Office of such county or counties in Colorado as they may desire. 29. Nt em All notices,requests, demands, or other communications (collectively, "Notices")required hereunder shall be in writing and given by(i) established express delivery service which maintains delivery records requiring a signed receipt, (u) hand delivery. or(iii) certified or registered mail, postage prepaid, return receipt requested to the patties at the knowing address, or at such other address as the parties may designate by Notice in the above mannar. To Buyer City ofAurora,CO 15151 Fast Alameda Parkway,Suite 3600 Aurora,CO 80012-1555 Attu: Director,Aurora Water with copy to City of Aurora,CO 15151 Bast Alameda Parkway, Suite 3600 Aurora,CO 80012-1555 Attn: City Attorney 9411{95U2158359 8 with copy to Brownstein Hyatt.Farber Schreck,LLP 410 17th Sheet,Twenty Second Floor Denver CO 80202 Amu: Andrew L.Meyers,Esq. To Seller: Gary Wright,President ABcW Water Service,Inc. 1892 Denver Avenue P.O.Box 887 Fat Lupton,CO 80621 with a copy to: Kelly L Custer,Esq. Lind,Lawrence&Ottonhoff LLP 355 Eastman Path Drive,Suite 200 Windsor,CO 80550 Notices shall be effective (x) the nest day following the date seat by an established express • delivery service which maimains delivery records requiring a signed receipt,.(y)upon receipt by the addressee of a hand delivery,or(z)three days flowing the date of marling via certified or registered mall,postage prepaid, • 27. If any data ihr any action under this Lease falls on a Saturday,Sunday or a day that is a"holiday"as such term is defined in Rule 6 of the Colorado Rules of Civil Procedure, then the relevant date shall be extended automatically until the next business day. 30. Commiesione end Foes Each party shell be solely responsible for the payment of any and all real estate commissions or other commissioner/lathes that it incurs with respect to this Lease. 31. No Attorneys'Fees. In the event of any litigation,mediation,arbitration or other dispute resolution process arising out of or related to this Lease each party agrees to be responsible for its own attorneys'and other professional fees.costs and expenses associated with any suchp 'ngs. 32. No Construction Against Drafter. This Lease was drafted by Aurora with review and comment from the attorney fin Lessee. Accordingly,the parties agree the legal doctrine of construction against the drafter will not be applied should any dispute arise concerning this Lease. 33. Sole Obligation of Utility Enterprise. a. This Lease shall never constftute a general obligation or other indebtedness of the City of Aurora(the" iiy"),or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado or of the Chatter and ordinances of the City. 94I1195l12t5sh59 9 b. In the event of a drank by Aumra's Utility Enterprise of any of its obligations under this Lease,Lessee shall have no recourse for any amounts owed to it against any funds or revenues of the City except for those revenues derived nom rates, Dies or charges Sy the services finished by, or the direct or indirect use of the Water System and deposited in the Water Enterprise Fund, as the terms "Water System" and "Water.Enterprise Fund"are defined in City Ordinance No.2003-1%and then only after the payment of all operation and maintenance expenses of the Water System and all debt service and renew reendremmm of any bonds,notes,or other financial obligations ofthe Utility Enterprise seared by a pledge of the net revenues of the Water Entmprise.Fund Notwithstanding any language herein to the contrary, nothing in this Lease shall be construed as creating a lien upon any revenues oflie Utility Enterprise or the City. ppa e:derof Page Intentionsef4Rbl kf 9411'9511215885.9 10 IN WITNESS WHEREOF,the parties have set their hands and seals this day and year indicated below. KERORA: LESSEE: CITY OF AURORA,COLORADO AA:W WATER SERVICE,INC. ACTING BY A141)THROUGH ITS a Colorsda corporation UTILITY • f Water BF Gary Pisident nee* Date: r,/r7 Date: 9-i•° ATTEST: 1)064:304,1tanestot_ Debra A.Jo City Clerk • La r t . SEAL r APPRO +) TO '9RM FOR AURORA, #IA, ,4aa /1 70 146.5.1 Ni ro" ••., Christine A.McKenney star :, the City of Aurora Assistant City Attorney LRemalnderofPage brientIonally loft 9411195%2158358 11 State of Colorado ) )1a County of Arapahoe ) The foregoiog.Lease was acknowledged before me this i `day of Sepbabo.( ,2009 by Mark Pt,Director,Aurora Water,and attested to by Debra A Johnson, City Clerk of the City of Aurora, a Colorado Municipal Corporation of the Counties of Adams. Arapahoe and Douglas acting by and through its Utility Enterprise. toutiesiss Witness my head and official seal i • ►. on biy f Saar Notary Palk ' My Commission es: —1.?$' l3 §01)\-. r`�" State of Colorado County of'thiG The foregoing Lease was acknowledged be£se me this Al day of rte' _ 2009 by Gary Wright,President ofA&W Water Service Ina,a ••__, . ..,,_ , Witness my hand and official seal Q pT C''AtZ Ii ssN Public i r • My Commission Expires: 71tetti C II �•,tiCl�l.�G0• -s OF 9411W5 3138353 12 EXHIBIT A DELIVERY SCHEDULE (all values In acre feet) Lease Year .Apr May Jun Jul Aug Sep Oct Nov Deo Jan Feb Aar Total 2009-10 - - 18.6 18.5 163 163 16.7 18.7 183 16.7 18.7 160.1 2010-11 16.7 16.6 16.6 16.8 16.6 16.7 16.7 162 18.7 18.7 18.7 16.7 200.0 2011.12 16.7 16.6 16.6 16:8 18.6 16.7 16.7 16.7 16.7 16.7 16.7 16.7 200.0 2012.13 16.7 16.6 16.6 18.6 18.6 16.7 18.7 16.7 16.7 16.7 16,7 18.7 200.0 201344 18.7 16.6 18.6 16.6 16.6 16.7 16.7 167 16.7 16.7 16.7 16.7 200.0 201415 16.7 164 16.6 16.6 16.6 16.7 16.7 18.7 16.7 16.7 16.7 16:7 200.0 2015-16 16.7 16.6 16.8 18.8 16.6 16.7 16.7 18.7 16.7 16.7 16.7 167 200.0 2016-17 18.7 16.8 16.6 18.6 18.6 16.7 16.7 18.7 16.7 167 16.7 16.7 200.0 2017-18 16.7 18.6 16.6 164 18.6 16.7 16.7 16.7 16.7 187 16.7 16.7 200.0 2018-19 16.7 16.6 16.8 16.6 18.6 18.7 18.7 16.7 16.7 18.7 16:7 16,7 200.0 2019-20 16.7 16.6 16.8 16.6 16.8 16.7 16.7 18.7 18.7 16.7 16.7 16.7 200.0 2020-21 16.7 16.6 16.8 16.6 16.6 16.7 16.7 16.7 16.7 18.7 16.7 18.7 200.0 2021-22 16.7 18.6 188 16.8 16.8 16.7 18.7 18.7 183 187 18.7 16.7 200.0 2022-23 18.7 18.6 18.8 16.6 16.6 18.7 18.7 18.7 18.7 18.7 16.7 16.7 200.0 2023-24 183 16.6 18.8 16.6 16.6 16.7 16.7 16.7 16.7 16.7 16.7 16.7 200.0 2024-25 183 16.6 18.6 16.6 18.6 18.7 18.7 16.7 16.7 16.7 16.7 16.7 200.0 2025.28 16.7 16.6 16.6 188 16.8 16.7 18.7 16.7 16.7 18.7 167 16.7 200.0 2026-27 16.7 16.6 18.8 16.6 16.6 167 16.7 16.7 18.7 16.7 18.7 16.7 200.0 2027.28 16:7 16.6 16.6 16.8 18.8 18.7 16.7 16.7 18.7 18.7 16.7 16.7 200.0 2028-29 16.7 16.6 16.8 168 16.8 183 16.7 18.7 16.7 16.7 16.7 16.7 200.0 • 94115112151359 EShIbit 7 Year One Projection(2010) Days of River Cal. 90 31 30 31 31 30 31 30 31 31 28 31 10 all values in acre-feet) Apr-10 I May-10 I JteMO L Jul-10 I Aug-10 Sep-10 I Oct-10 I Nov-10 I Deals I Jan-11 I Feb-11 I Mar-11 Total FumPIn OPMBateman Well n Bateman Well (1) Previous Yvan-Depletions from Batsman Well 0.0 (2) Veer 1 Total Projected Pumping-well 01793-F 0.0 (3) Yearl Projected Depletions from Bateman Wall 0.0 Farr Fanner Wells (4) Previous Yen-Depletions Wee Fm Wells 0.0 (5) Year l Total Projected Pumping-well 00220F 0.0 (6) Year l Total Projected Pumping-well 68221-F 0.0 (7) Year l Projected Depletions from Fm Well 0.0 Augmentation Station Operations FIDCO shares. (I) Total Farm Headgea Delhehes to Aug Station 0.0 MW Recharge Project Operations FIDCO shares (9) Total Farm Headgate Deliveries to Recharge 0.0 (10) Estimated Evapwe0on 0.0 (11) Estimated CO of Vegetation 0.0 (12) tagged Residual Recharge CrWO-25 shares FIDCO 0.0 lunlor Recharge Accretions at Rice+ (13) NM Recharge Credit-MW Junior Water Right 0.0 (14) Return Flow Obligations 25 shams FIDCO 0.0 ER WIN Recharge ProNMOperadore Junin Recharg=Accretions..r RR, (15) Net Recharge CrMn-MWJunior Water Right 0.0 CCWCD MW Rechuga Operations CCWCD A8 W ReJmrge Pend (16) MW Net Recharge Credit 0.0 Other Replacement Sources City of Aurora (17) Releases 0.0 (18) Transit Loup 0.0 (I0) Net Cred(t to River 00 CITY at Longmnrt (20) Releases 0.0 (21) Transit tosses 0.0 (22) Net Credit to River 0.0 Net River Impact (23) Net Impact above Jay Thomas Ditch 0.0 (24) Net Impact below Jay Tomas Ditch 0.0 Exh@R7 Year Om Pmpctlon(2010) Notes: ...2...igs(1) Depletions from Well Permit No.61793-F for pumping r gthatoccurredinallpreviousyears (2) Total projected pumping in Year 1 from Was Permt No.61793-F (3) Year l projected pumping depletions at South Platte River from Bateman Well(from IDSAWAS) WATER (4) Depletions from Farr Web for pumping that occurred In all previous years 1......,,,..e.......:.......... (5) Total pmjmed pumping in Year 1 from Wel Peal No.66220-F (6) Total projected pumping In Year 1 from Wel Permit No.86221-F (7) Year 1 projected pumping depletions at South Platte Rae,'from Farr Wells(from IDSAWAS) (6) Total farm headgate tletNery for FIDCO shares ran arm augmentation station(avg 1963.1977,1993 and 2002) (9) Total farm headgate delivery for FIDCO shares run to MW recharge ponds(avg 1963,1977,1993 end 2002) (10) Estimated MW recharge project evaporation based on average rates (11)Estimated Cu of vegetation based arum acres of vegetation In MW recharge project (12) Raw(9)-Raw(10)-Row(11).ran thou IDSAWAS;includes mMduel credits from operation S previous years (13) Recharge accretions at river for junior water right thus MW recharge project(raumes Zero recharge during projection) (14) Return flow obligations for 25 FIDCO shares (15) Recharge straiten at dyer for junior water right thus Wright recharge project(assumes zem recharge during prolectbn) (16)MWa Sham(30%)of Centrals recharge run thm MW recharge protect(assumes zero recharge during projection) (17) Releases from Metro WWrP (18) Rivet transit bases(24 miles®0.05%per mile) (19) Net credit,logy consumable supplies from Aurora(Row(17)-Row(18)) (20) Releases from LrgmoM WWTP (21) River transit ores(21 miles®0.05%per mile) (22) Net credit,fully consumable supplies from Longmont(Row(2D)-Row(21)) (23) Net river Impact for depletions and emotions above Jay Thomas Ditch:Row(19)•Row(15)•Row(3)•Row(1) (24) Net dyer Impact for depletions and eareeoa below Jay Thomas Dui:Row(22)a Row(16)•Row(14).Row(13).Row(12)4 Row(8)4 Row(7).Row(4) Pew 1 RIVER CALL 3.&W W07r Service,Inc Cast miwn WM11133.3; Bateman Final Fan 2-2 Fur 112 Y.310: M4253723 35153.6000 2630402102 762 TpD FAAD: 2-5327 2-6124 2-6115 26724 7-6115 Pam*OW 6171-3-7 652.10-F 66721-F 662204 66111-F 4434243., I irst16.0 Felt wwuelw: Spine)np e.owaer 132115.5 aeft el p,a n GAM.. Is walk MUT Raliel IOF 14 Atlurn Flaw For 11 Lupton Soften P3nr53•5512.12:• Wight 43P5! 4.4.34 Richard, MO Wr..w •rca0umn [b:.n.e pen hMr .: u4 P 128324 Pawn Monte A3.•n Mote HMO peony. Wnr. Many? P101100 w..In pricey? Wallin gonna 1212•/:/21'l wx In M15/ Wee in rein?? Admirisiralon myann w• 2112 w• re No. re•o ve•. e• •0 •o Yes.3 34.3 83.3 36.5 Ms.n 2112.0 7 .l ra•0 24,3 V1M 4/3/10 414/1o • 4/5/10 4s/2o 4/7/10 4/14/1.2 • 4/0/10 4/2a/10 4/11/10 422/10 413/10 414/10 4/u/10 4416/10 4/17/10 4/10/10 4/1.3/10 4/20/10 • 4/21/10 4/22/10 423/10 424/10 421/10 • 4/26/10 4/27/10 • 4/23/10 • 4/29/W ./30/10 Fade Page u PUMPING INFORMATION 180 Wen Smite,lz. Casa No.mRN40 Stec Well pumping to be wend under etw f w.N0 W men p on Dm well Keeping,.•ste+wel Pumping.Centel Pompbt Covered um..ul°Pam (mewl Ilnpml Ilnpml Inpml 0,200 Onpml O.AA Oo4WAll Imewssl GsWM 1313\ Mated'weft Ymiles W tea PWM\ Fen Wolin Fun We R Memo Farr Will in Nn WHIR Bettnan FAD Wet NI Farr We6R Montle Grey Pumping Or0O Pwryb{ Gum Puuplry WAS IboNn 666 Almaden 0649 ebeW, Net Punllrt Net RIMS{ Nat Nnf' Parma 44.61793F Penn No.66110F PaMt No.66321, Ambit No,61793F PmM No.66120F Pewit Mo.66111F Parts Nu.61703F smelt No.663100 Permit No.KR1F 1.-FO 17940 larfil DAM lar-16 leonl li-Si 1ar46 Dc40 Off-10 - 00 0D 00 MFYIS 19210 1110 IyIO Sep-10 Oil-10 No.-10 0.0-10 3011 Feb-11 6Mr31 lOiall m ... 0r .. r. ,. i- OA 0.0 m Fan WS In Fen Well 42 Demme Fvr,WMR Fen WHIR examen Nn WHIR Fen Weil 11 Not. Om.Arming Am Puryig firm PunMng WAS Allocation GAS Mmbn OAS ASADA aryl, Net PANY Not Pmp*g Nmnl ]A Prink No.661100 peewit No.66221F P.m*No.61793F R 61793{ Ne.6633 be.6Rllf P F Pernik NO.66.210F. M 30mlmb.66311F laryR (WO NAM tar-k1 lar-M lwR) 00740 lei-Ill 1,440 4/1/10 0.00 000 Om 000 ODD 010 010 010 010 4/3/10 0.00 000 Om 000 000 0.10 010 010 ODD 4/3/10 0.m 0.00 ODD 000 010 0.00 0.00 010 000 4/4/10 Om 0.00 010 000 0.m 0.00 am Ono ODD 4/5/10 000 000 010 ODD 0.10 0.10 040 000 000 4/6/10 000 010 010 000 0.10 0.10 010 010 000 4/7/00 0.00 000 010 OAP 0,00 001 0.00 0.m 010 4/0/10 0.m 000 ODD 000 000 GAO 020 0.10 0.m 4/4/10 O00 000 ODD Om 0.00 0790 0.00 O.m 010 4/10/10 0.m 0.00 0.m 000 0.00 010 0.10 0.00 0.00 4/01/10 0.00 000 010 Om 020 010 0.00 0.00 ON 4/13/10 0.00 0.00 0.m Ono 0,00 000 0.00 01(0 0.00 4/50/10 0.m 000 010 000 000 000 000 OM 0.m 4/14/10 0.00 0.00 Om 000 0.00 0.00 000 000 0.00 4/15/10 0.00 0.00 0.00 010 0.00 000 0.00 010 0.00 4/16/10 Om 000 010 Om GAO 000 ODD 010 0.00 4/17/10 ODD 000 0.00 010 000 ODD ODD Om 01(0 4/10/10 MOO 010 010 000 GAO 000 000 ODD 000 4/19/10 Pm 0.00 0. 0.00 000 000 0D0 Pm 010 4/10/10 010 0.00 0.00 iloo MAO 0.00 000 010 000 4/31/10 Om 000 010 0.00 0.10 010 000 000 000 4/33/10 ono oDo 000 ODD 010 4/13/10 010 000 000 010 000 Om 001 010 Ono 4/34/10 000 000 Om 0.00 000 Om 0.00 010 ODD 4/15/10 000 010 010 0.00 000 000 010 010 ono 4/16/10 ono 000 010 0.00 000 0.10 000 010 ODD 4/17/10 000 000 010 010 000 0.10 0.00 Doo 0 4/20/10 000 0D0 0.10 0.00 01010 0.00 4/39/10 010 010 0.00 0.00 Om 0.10 010 0.m 0.10 4/0/10 000 ODD 0.00 0.00 ODD 010 0.00 0,00 Dm LAM Pige 20 Pale 22 PUMPING INFORMATION AIM Water Service,Inc. Cam Ni.03LW60 wu Ii In aov IIRY41FrW Boman Nn Well NI Fan Well II Mints Net Pumping Net Pumping Net Pum6NF Pam*No.61793F Pernik No 6622E Permit No 65321F IaeRl IoN laehl lanm Feb-03 MpM3 Apr-03 Ma 03 Jun-03 Jul-03 Nul-0 IX3 4p03 0043 IboU3 Re.l lanm Fig4q Mer40 Apr-04 ManM lunM Jul-01 Pupil AVM 03b Noc04 Dec-04 Ln6 MBM Apr-03 Apr-05 MCYK 110-05 hind Aue p-0 P0 Apo OC-06 Nov-CG la co )00-06 FMM Apr-06 Apr-06 Jun-05 mn06 Amos -• 40 SFM 00-06 Nov-05 Dec -06 Fe.b Mb. M Apr-07 Apr-07 MryM Nn-07 lu Feg07 Sep-07 Oc1-07 Nov-07 Rw3 FebM Feb-OS Mar-OS Aar-0O MaYM Jun-09 Aught S ep-08 00d8 WrM9 RM An-09 h LM Apr09 Apr-09 MAYO] Junes Jules e440 App Oct-09w Nov-09 Dec-09 Fan-10 Feb-10 Apr-10 May-10 May-10 Jun-100 Aug-10 seo-to M-10o Nov-10 Ja 10 Nil-IS Feb-11 Mar-11 04014A PTp3 STREAM DEPLETION INFORMATION AIM Water SeM[L Inc. f No.05CW40 16pMbnt an lwonoa slot.) loom 4w7S) loom INPS) loom3WPS) N-Naan her WOK Pm Wolal Taw= Fr Wall n Fan WMln Pan Well n Fan Well Ill Fan Wain Farr WNI 62 Fan WNI 63 Farr Well in Mond, 50n0 AFNlbn Tool Depletion 0pMtn Milt Tots Apstlon TON 0pltbn Total Depletion Wpktl0n Limits Toni Oepicli TOW Depletion hn014. PemM No. Inds underMMn.No. un*e,MMn.No. PmnI00. 0944. undasmdn.N0. 04n40414o. 61]93F 661Ef 3/31/1946 plrty 35153.10[10 Tao 66211P 6/30/1627 prcoy 4304.0300 T60 laoK (awn) lac-fl) 140/71 len) 1adt) 1ao/4 14/741 1w-3p Mr10 Sa 0 0 1.3 0 0 May-IS lun1O -Ll L1 1,310 -05 45 47410 0.50 0.40 Sap-I0 Oct-10 4.00 .1.60 Nw10 Dec-10 lint Fab31 -L50 -1.50 My-11 110 -1.10 Daman For wan Fan WN11 Pm Well II Farr Wt.III Fin Wall 13 Pwrwa K2 Pia Willis Fan Won 02 Data Nnon CpMlm Mal Pp1tbn Depletion Wnb Total Depletion Tots 0apYlbn Tots Depletion Depletion WnM TON Depletion Taal Depletion Mmll No. M1rmSNo. TSn under Mm31.No. under MIS.No. Permit No. uncle °MarMmin.Mo. under Mmin.No. 47931 063mF 3/31/1946 pbnpy 35153.10030 T60 66211F 6/30/1913 priory L34.a%m TN (ion) Ma) )awl law) laahl 144/71 (KM lion) la.y 4/1/10 0.00 010 a.m 0.10 0.0 010 404 010 0D] 4/1/10 0.10 000 O.O$ 0.10 0.10 010 -0.04 am 010 4/3/10 0.10 0.m a.m 0.10 0.10 0.m -0.04 0.m 010 4/4/10 0.10 0.00 a.O 0.0 0.10 am 4.04 0.00 Om 4/5/10 0.10 0.00 A.m 0.10 D.m 0.m AW 0.00 010 4/6/10 ow 0.00 '0.05 0.10 0.10 0.m -OM 0.m 0.0 4/7/10 0.10 0.10 am 0.10 0.10 Mm 404 0.m 0.m 4/6/10 0.00 000 4.05 010 0.0 am da 0.10 am 4/9/10 0.00 am 405 0.10 0.10 0.00 404 0.00 O.m 4/10/10 0.00 010 4.0 0.10 010 MO 4.04 0.00 0.10 4/11/10 0.00 MO -0.05 0.00 0.0 0.00 ..04 0.10 0.m 4/11/10 MO 000 am 0.10 0.0 am 404 0.10 0.10 4/13/10 0.00 Om -0.00 0.10 0.10 am aide 0.10 0.10 4/14/10 0.00 am -0.0 0.10 0.10 0.m 404 0.10 010 4/11/10 0.00 um -0.K 0.00 0.10 0.00 404 0.10 0.10 4/16/10 0.00 OM 405 0.10 0.10 0.00 404 0.m o10 4/17/10 0.00 010 405 0.10 0.10 Om -0.04 0.10 0.10 4/16/10 0.m Om 410 0.10 0.10 am 404 0.10 0.00 4/19/10 two 0.00 0.00 00 404 0.10 0.D] 4/20/10 0.m am 405 - 0.0 0.10 0.10 404 0.10 • 40.m 4/31/10 0.10 0.10 405 0.m 0.00 0.10 -0.04 0.m 0.00 4/12/10 0.00 010 .0.m MOD 0.0 am 4.04 0.10 0.10 4/23/10 0.00 060 -0.05 0.10 0.0 am 4.04 0.10 020 4/24/10 ODD 010 -0.05 0.00 0.0 am L.m 0.10 0.00 4/15/10 am 0.10 -0.0 0.00 D.0 MO 404 4/36/10 OM 010 4.05 0.00 0.10 am O.0/ 0.0 0.10 4/17/10 Om 010 dl6 0.00 0.10 0.00 O.04 0.10 0.00 4/16/10 0. o.m 4.05 0.10 0.0 am 40/ 0.10 0.00 4/16/10 0.10 0.10 OD5 0.10 0.00 am O.04 om 0.10 4/30/20 0.10 0.10 dm om 0.10 am d.04 0.60 0.10 Exhibit 8 Page 4 SHARES OF FARMERS INDEPENDENT DITCH COMPANY(FIDCO) A&W Water Service,Inc. Case No.05CW40 Delivery Limits for 25 ADO abates: Cumulative 20- Seeding of Maximum Delivery year rolling total Cumulative Total Limits Limit Rolling Limit HMO Return Flow FIDCO Return Flow Month (auk) (ac-h) (1st 19 yrs) Factors(May-Sep) Factors(Oct-Apr) Annual Limit 444.5 6,447 322.5 - - Jan 0.0 0 0.0 - 0.0380 Feb 0.0 0 0.0 - 0.0390 Mar 0.0 0 0.0 - 0.0380 Apr 29.5 151 7.6 - 0.0380 May 56.3 474 23.7 05120 Jun 973 1,0% 548 0.2180 - Jul 125.3 1,827 91.4 0.1290 - Aug 121.3 1,785 893 0.1300 - Sep 81.1 930 485 0.2500 - Oct 40.1 184 9.2 - 0.0360 Nov O.0 0 0.0 - 0.0370 Dec 0.0 0 0.0 - 0.0380 ValtmetrlcdeWery tracking Ito be continued on SNI: 2008 2010 2011 2012 2013 2014 2015 Month lac-ft) lac-h) (ac-h) lac-hl (ac-ft) _ _ lac-h) lac-h) Annual Apr May Jun Jul • Aug • Sep Oct FIDCO DELIVERY&RETURN FLOW OBUGATION SUMMARY (return flow obligations are negative values) linputi No.of FIDCO shs• Return Flow I MOO Deliveries Obligations FIDCO delivery FIOCO portion of through Total FIDCO delivery to MW augmentation delivery for 25 FIDCO Return Flow Date Recharge Project station shares Obligations lank) (ac-h) lac-ft) (ac-h) 4/1/10 0.00 -.• 0.00 0.00 4/2/10 0.00 0.00 0.00 4/3/10 0.00 ! 0.00 0.00 4/4/10 0.00 0.00 0.00 4/5/10 0.00 -- 0.00 0.00 4/6/10 0.00 — 0.00 030 , 4/7/10 0.00 ,. 0.00 0.00 4/8/10 0.00 0.00 0.00 - 4/9/10 0.00 i. 0.00 0.00 4/10/10 O.00 o nL 0.00 0.00 4/11/10 0.00 r- 0.00 0.00 4/12/10 0.00 L W 0.00 0.00 4/13/10 0.00 000 0.00 0.00 4/14/10 0.00 II- 0.00 0.00 , 4/15/10 0.00 3 0.00 0.00 4/16/10 0.00 0.00 0.00 4/17/10 0.00 -. 0.00 0.00 4/18/10 0.00 0.00 0.00 4/19/10 0.00 0.00 0.00 4/20/10 0.00 0.00 0.00 4/21/10 0.00 0.00 0.00 4/22/10 0.00 - 0.00 0.00 4/23/10 0.00 0.00 0.00 4/24/10 0.00 0.00 0.00 4/25/10 0.00 0.00 0.00 4/26/10 0.00 0.00 0.00 4/27/10 0.00 0.00 0.00 4/28/10 0.00 0.00 0.00 4/29/10 0.00 .. 0.00 0.00 • 4/30/10 0.00 0.00 0.00 man . .>. A&W RECHARGE PROJECT Aft Weer Sefte.Ire MN RECHARGE PROJECT DELIVERY SUMMARY err.re.aepWeft MMw Eemw er ernMS Mmn Afteadiate .w r.ft.......... m r ..w Taal M m _ .4� m. e n. pWt dd ..m .erM1 pen al M..O Rmu Msgl µ0WSd v. 70W.mm4. Mmnem.. ..*Ma.e. N.1 ..W Mw.. Mm e.Wn Rude.heft eef 4 heft O..-r v..., eft..Nom Weft Often m AIM Meer Mom way MHO eft On11 Mep rymmgy eft Oft.. 7/3/10 COO 00 412.110 OA 0.03 OMR ox. am 4/1/10 1100 OM 4210 OM 0.03 40/10 ORO 000 4/7/0 OM OM FII/10 WI OM 1/00 OW Om 4110.10 OW Roo . 4/11/10 000 OR 4/1i/10 06 Oft 4/11/10 OSO OW VINO OM Oa 4.05/10 OM 1100 4/16/10 OLO 600 HMV OW MOO 4/11/10 074 000 VIM. OW 4/10/10 4/71/10 OIP 0.110 4/11110 030 600 4/2340 ON 4/11110 ORO 000 NSW OM OR 4/16/10 000 OR 4740 OR two 4*00 109/10 OM 4R NOB ON OR 1110,110 .PM AIM RECHARGE PROJECT AIM WM.Smote,bo. Cos.No.05.0646 AIM RECHARGE POND SUMMARY am 6..04 Wo.6.M FMPad M07 V00/0 PedlarP. Vaa0n 0M+n reN waSconl. twiwn Swim Moo mn1pr Surbco Am ma.P0O .a14W.l0/ LHM MOM.0..121. Me of cluing pMw. Mt of mlw.uuq Vaauun en monos ry.nwn mamma* Vaaan DIM mwa Trawl Dal awl 9440 S ▪ x.741 0/pIn am 000 00.30 a-0 03 012 I I0 00.10 Pa-00110 —0 all , ��se�a fa-Li • e Awl.awn Nano. Imo Mwm Mew.. 1001 Glom Mem open :i »�n..an .,.«tea Net Cato FO W MI M1O 00 ON 4/1/10 OM 000000 000 4/3/10 , 000 0.00 ow am 4/31.0 am 000 ono am 4/4/10 Om am 000 MO 4/5110 • 000 000 040 am 4/6/0 000 610 000 000 4/1/10 aw ono Om am 4/0010 000 ono 000 ono 4/410 Om zoo - Om Om 4/200 , 000 PW 000 000 4/1210 oza ow 000 ono 4/12/10 am 0W 000 ow 4/11/1 Oa 000 4/24/10 Om WO WO Om 4/14/w 000 ow am ow 4/1410 ow WO ono 411/20 m onoG 4/l0/20 am 4110/10 am ano Om am 400110 000 000 am OM 4/21/10 Om OM OW Om 4/22/30 000 000 Gm Gm 4/23/10 000 ono Om olo 4/24/10 am 000 too OM 4/2410 am WO 000 Om 4/2NW • Om ow 000 am 44//2271/2W00.00420/1010 000ago lino ono ow ogo 4/21/10 OW WO IMO 000 4/50/0 Om am am Om Yoe 0.0d —5ab Wane 5aie Ma looW Da P WM Velma Some Na lam mo WM, 0 0/ m. 4/0 . 0..e .Who a® m 0 m no Sy600 MM. EndWM 0af'a SIM We 60060.0 as EPOS Paean, SW an SAA04 0/e OPW µeta 111 1901 Ival Ikon pc 34 101 lam Ws) l6Oew5I saw. 4YM1 0 .awe aa4*5 Pa-WO • - 0 0 Ma5/Al Mwwu M..wu Wet km en road 00.000 ala maw ad MOD lap Maas PO4 ..Rawl ra0aaea am seed 0OIW+M macaw. ®wee ...ma alma. wax .®ae0 a..a 51e4 So445 MK Mr ad Veneun Oman. Gap SW Ma IY+Mao Vl..w 00.0 welt. 101 060 Wol 6 al am W Wal ION All 0/30/30 an am 000 000 am 4/0/09 ow GO WO 000 WO ono 000 ono 4/Uta WO too Om Gm 000 000 000 , DaD 4/0/10 ono am 0n0 con WO am 0aw 09.Ka 000 ono 4/4/10 GOa m am 000 00 00 am 4310 ono Gm ono ono ow two Om 000 am 000 410/30 am am Om 000 On 000 4/2110 cm ow too Om am MO 00 000 000 410/10 Om 000 OW 000 0m 000 000 4/0/00 000 000 m 000 000 4/20/10 OM 000 Om Om ODD 000 Om 011/10 OW aN 000 OM MO OM Om 000 Om Om 4/11/10 000 000 Om 000 OW am 000 am 4/15/10 010 ODD am zoo ono 000 ow oD3 ono moo 4/04/00 600 Om 000 om 4/00/10 0D0 000 m O% Om 404110 000 ow 0W Om two WO OM 4/11/10 zoo ozo 000 000 000 4/10/20 000 000 am em 000 Om Om 0)5/10 , Om 000 Ofa 000 OM 000 Om 4/20/10 MO Om Om OW am WO WO 000 4/11/10 0.00 000 OM 000 am000 w 402/10 OW am WO 000 m 000 4/20/10 om 0OO me MP Oa ow 000 000 4/2010 am ono am 000 Ow 0m 000 000 ono 000 4/30/10 am 000 000 00 m 000 am 000 4/20/0 WO Dm WO oa0 000 000 ODD ono 000 4/17/10 000 Om Om am Om 404/0 m om noo 000 000 000 0� Om c00 0.co ono OM ow On0 ono 4 10 00000 em 000 ono ono ono ono am ono ammo none Rauw.PROJECT Cow 11.05.00 SW WOSWSS PROJECT DAILY SUMMARY numi noes raw mass nmas ammo mu Nuns *mum rano raw mn pm.. vmomm rums rm. un mem. memo WO whansms mu. t...... UN AO. mu km ma, mmoses mar bsamom Me non mmil 6491 MN n M. MN Mn MNM MN M n mid 1.99n, imn RN OW YN IM• O GM an Dm Lao oz0 am ma NM na0 om ma am ma too a.03 om RM NM ale mo am Dm GM am ma om am DM mo om maD ago OM see 010 om om Y me Om Om • u m • Ma 041 Dm rt. am am am Om aniVM MO am am oz0 a. DA DM a.W▪ ill Ma ata cm aoa am ma DA maim ow am mo ate Dm om. om om Imo me mo am mono oao aaa am om am am am am am 0All am am mono ma .• am am cao om om Rao Min ma am om am am 4IIM0 am am Ma ale DA am . ma am am om am obi Mana OM Ma am 0.111 00 00 00 OM .0 Om aao MI Mara 041 om mu am MO am om om MO oa3 om Ma Mina ale Qum om yam om 0.0 ale OM AM MO .03 mum Dm ahe aM OM OM ate om MI am . OM MI am at. ON al aoa Ma 010 OM OM am a0a oZO om Om Orho kol am 4.03 am am ozo Vane Ma OM OM Ma OM OM OM GM OM OM OM Ma Mafia ma am ma mo 0. ma am ma am OM cm 00 tiwwmM �._..�. .n.... -- - Nngr Dana mono' omonmem rzemans [mums MM• yonen ww.w -. WI �M anima MID MM MN W W Fb ,nhal WV WO M. DAMS nee 6A WRIGHT RECHARGE PROJECT ARM Water Sepia.,Inc.. Cafe No.05eW40 WRIGHT RECHARGE PROJECT DEUVERY SUMMARY nnl.w ,,,, Wrigtn4gh4PrNad Weed Pena Nays EW.ry.d Exton Junior RMorga Junior Recharge Wdn f,ee 0,,RMNar♦e ffn Rier Rader{e Replonenr Oadie E,NmR Wnn oto Delivery to wartime delivery to in Prbrlryi ponlnnee del_ry to Right In Rion? poi-0000f dMRery to 4n099le> We tor in Pond? OM&X RechargeRecharge ✓P Weir Rede tool Wridrt Redline No.l Wright Recharge No.1 No•'N. rkenelonel Notes Regard IN Delivery to Wright We RO/eet Prolmo Yn•0 Prof.' Yes•0 Profne Yes•0 Yx-'Y' Redurye Project baN la>NI (Rom P81) Will Iysmpgll lac-ft) Prom pPit 4410 0.10 4/2/10 0.10 . 4/3/10 0.m 4/4/10 0.10 4/1/10 0.00 ' 4/6/10 010 • ' 6//10 0.00 4/8//10 0.00 - • 4/9/10 0.m 4/10/10 0.00 ' 4111/10 0.00 4113/10 0.00 4/13/10 0.10 ' 4114/10 0.a0 4/15/10 0.10 ' 4/16/10 Am 4/17/10 am 4/111/10 0.m , 4/19/10 0.m ' 4/30/10 0.10 ' ' 4/31/30 0.m .. 4/21/10 0.m ' 4/13/10 0.10 ' 4/14/00 0.10 , 4/15/10 0.10 ' 4/16/10 010 4/13/10 0.10 . 4/]8/10 0.m 4/10/10 0.m 4/30/10 0.m was. WRIGHT RECHARGE PROJECT Airi rent Sake,Inc WRIGHT RECHARGE POND SUMMARY 463354 0.090/ 114334•••Pond u.wM01 62MMue 53.1434ka Common... IImol 0.4 warm 4/.d M.YYO westaim 33.3 months•.n lout we-. l t^��•R�� S0A— 000 2Z PO, RtaaE� � a �SR� a 0.402010 Rt1 �S� � RrEO�R�R� too �a tcsa o r�a ie. e One a ®�� :.M . 2.p..W from MYT.0 ion Pm .m,.m iota Fliwtht PM Peme '•mt. on 14 W 1.0 001 dl CA-.R I. rti>•.Mr 1•Rte QmfR IlflrlP®00 rarr.oSri• 7T.Tmon Norr=no n®nn.Mirr=i1W riNIM.flri P Rg31• Merl®p,1•P•1•® .1•no n ten.rtw.non.ria'L tli.IR'.ter.Milirl• .I' P0. P. - MIME R®p _—popRte re.err. Rmnna - .... n in?i•®nn. •r•un VIP.Paid via Saco vn.m SW u.— dr.w M'.m son 44.4 m... =servo 3,Miv Sacs 6.4134 Stelae 510 Gap Om.gs l Arm Wand Ira 0o a> Mu . 0 moms MMM1i 0 .Ml 0 MMV 0 ~MWoeI M4MV PArya west Sweatt .4.000 I M.purl No,kola.. I.03 0 0 uvay. vmap00 .mu.m 50.0M no 04 4M.M. 03.3+.M. 'Ink" Dm 4/094/. 04 WO 0/.I WI W61 3131./10 OW 0m OM 4/1/10 Om am 60/ ono Om 4/1/10 000 OM 0m OM OM 4/2/10 0p OM 0.00 020 ,10 4/4/10 OM OM 0 000 4/5/10 0m 000 m am 0.03 4/6/10 0m 0m Om ono 4/3/10 0000 Ono 040 too m 4/0/10 om too ono 4/9/10 Om 920 000 000 0.60 4/10/10 OM 0D0 OM 000 Oat ./11/10 WO 0m aco 0.00 040 ./12/m ono 0m 020 0.00 0,00 ./u/00 6110 OM 000 OM 000 ./14/10 MO 0.00 000 am 0m ./15/10 Oal 0.00 azo 020 h O ./06/10 0m 0m m 405/00 one a0/ ono ano ono 4/10/10 00/ aao am OW 0m 4/19/10 Om moo aim 0.00 0m 4/20/10 aao 040 oao 0D0 0/0 @1/10 Om 0.00 ./22/10 0n0 0.00 Om oao 4/23/10 _ 0m as 000 4/14/12 4/21/10 Om Om 000 OM Cm 4/26/10 MOO Ona too one 000 4/5)/10 two 0m Om 000 000 4/2./00 aao moo 000 ono 0m ./39/00 CWO too 000 ono ono ./20/10 O/0 Om Om Ow 000 am alai REMOAGE Tr mamas WPOGIMMCMOSSE MORO'WAY 5UMMMY adealoom mama. lariaanataa alms a . Ma ma oma um am momm a me ma &ma a a op a a ., ma a ha ,.. a ma Oa a a la al a a a Oa la al . a a a Oa al ICO . a - OM OAO • a OM . ao la OM OM MO Onal au MO 4M10 OM OM OM a am OM GM Om mo ' a ao MO . 44.01 4100 40 4401 43/1) 00 443 4414 04 WAD . OSIA NSW ISO 4040 4WIA! 14 Ma OM am ant oda Ole . MO am OM OM all MD am Ma MO am YAW 4/1410 04 ma mg mo Oto am Exhibit g Page 7 EXCHANGE OF EXCESS REPLACEMENT CREDITS A&W Water Service,Inc. Case No.O5CW40 units acre-fret Conveyance Loss: (inpun 35, Ilnputl Exchange In priority at Lupton Bottom Amount of Exchange Exchange in priority Ditch? Taken at Lupton Amount of Exchange at FIDCO Ditch? Amount of Exchange Amount of Exchange Excess Replacement No•1 Bottom Ditch River Available at Wright No=1 Taken at FIDCO River Available at A&W Date Credits Available Yes=0 Hea0gate Recharge Project Yes=0 Hea0gate Recharge Project (from pg 11&12) _(from pg 1) (from pg 1) 4/1/10 0.00 ,. 0.00 1 0.00 4/2/10 0.00 0.00 1 0.00 4/3/10 0.00 0.0 1 0.00 4/4/10 0.00 , 0.00 1 . . 0.00 4/5/10 0.00 0.00 1 0.00 4/6/10 0.00 0.00 1 0.00 4/7/10 0.00 0.00 1 0.00 4/6/10 0.00 0.00 1 0.00 4/9/10 0.00 0.00 1 0.00 4/10/10 0.00 0.00 1 0.00 4/11/10 0.00 0.00 1 .. 0.00 4/12/10 0.00 0.00 1 0.00 4/13/10 0.00 0.00 1 0.00 4/14/10 0.00 0: 0.00 1 0.00 4/15/10 0.00 0.00 1 0.00 4/16/10 0.00 0.00 1 0.00 4/17/10 0.00 0.00 1 0.00 4/16/10 0.00 0.00 1 0.00 4/19/10 0.00 0.00 1 0.00 4/20/10 0.03 0.00 1 ::. 0.00 4/21/10 0.00 ;:'. 0.03 1 0.00 4/22/10 0.00 0.00 1 0.00 4/23/10 0.00 0.00 1 000 4/24/10 0.00 -. 0.00 1 0.00 4/25/10 0.00 0.00 1 ' . 0.00 4/26/10 0.00 0.00 1 . . 0.00 4/27/10 0.00 :,... 0.00 1 10 0.00 4/28/10 0.00 0.00 1 i.. 0.00 4/29/10 0.00 ., 0.00 1 0.00 4/30/10 0.00 0.00 1 0.00 Exhibit 8 Page 8 CITY OF LONGMONT A&W Water Service,Inc. Case No.05CW40 units=acre-feet Release volumes per Longmont Lease Agreement Conveyance Loss: (input) 0.5% Longmont Net Fully Releases to St. River Consumable Date Vrain River Conveyance Loss Credit 4/1/10 0 00 0.00 0.00 4/2/10 0 00 0.00 0.00 4/3/10 0 00 0.00 0.00 4/4/10 0 00 0.00 0.00 4/5/10 0.00 0.00 0.00 4/6/10 0.00 0.00 0.00 4/7/10 0 no 0.00 0.00 4/8/10 0 00 0.00 0.00 4/9/10 0 00 0.00 0.00 4/10/10 0 00 0.00 0.00 4/11/10 0 00 0.00 0.00 4/12/10 0 00 0.00 0.00 4/13/10 u 00 0.00 0.00 4/14/10 0 00 0.00 0.00 4/15/10 0.00 0.00 0.00 4/16/10 0 00 0.00 0.00 4/17/10 0 00 0.00 0.00 4/18/10 0010 0.00 0.00 4/19/10 0.00 0.00 0.00 4/20/10 0 00 0.00 0.00 4/21/10 0 00 0.00 0.00 4/22/10 0.00 0.00 0.00 4/23/10 0.00 0.00 0.00 4/24/10 0 00 0.00 0.00 4/25/10 0 00 0.00 0.00 4/26/10 0.00 0.00 0.00 4/27/10 0.00 0.00 0.00 4/28/10 0 00 0.00 0.00 4/29/10 0.00 0.00 0.00 4/30/10 0 00 0.00 0.00 Exhibit 8 Page 9 CITY OF AURORA A&W Water Service,Inc. Case No.05CW40 units=acre-feet Release volumes per Aurora Lease Agreement Conveyance Loss: (input) 0.5% Aurora Releases Net Fully to South Platte River Consumable Date River Conveyance Loss Credit 4/1/10 0 00 0.00 0.00 4/2/10 0 00 0.00 0.00 4/3/10 0.D0 0.00 0.00 4/4/10 0 00 0.00 0.00 4/5/10 0.00 0.00 0.00 4/6/10 0.00 0.00 0.00 4/7/10 0 0n 0.00 0.00 4/8/10 9 00 0.00 0.00 4/9/10 0 00 0.00 0.00 4/10/10 0 00 0.00 0.00 4/11/10 0 00 0.00 0.00 4/12/10 0.00 0.00 0.00 4/13/10 0 00 0.00 0.00 4/14/10 0 DD 0.00 0.00 4/15/10 0 00 0.00 0.00 4/16/10 0 00 0.00 0.00 4/17/10 0 00 0.00 0.00 4/18/10 0 00 0.00 0.00 4/19/10 0.00 0.00 0.00 4/20/10 0 00 0.00 0.00 4/21/10 0 00 0.00 0.00 4/22/10 0.00 0.00 0.00 4/23/10 0.00 0.00 0.00 4/24/10 0 00 0.00 0.00 4/25/10 3.00 0.00 0.00 4/26/10 0 00 0.00 0.00 4/27/10 0 00 0.00 0.00 4/28/10 0 00 0.00 0.00 4/29/10 0 00 0.00 0.00 4/30/10 0 09 0.00 0.00 Exhibit 8 Page 10 CENTRAL COLORADO WATER CONSERVANCY DISTRICT-A&W RECHARGE PROJECT A&W Water Service,Inc. Case No.05CW40 units=acre-feet Recharge Accretion Data obtained from Central Colorado Water Conservancy District (input) Total CCWCD A&W Share of Date Recharge Accretions Accretions(30%) 4/1/10 0 00 0.00 4/2/10 0 00 0.00 4/3/10 0 00 0.00 4/4/10 0.00 0.00 4/5/10 0 0C 0.00 4/6/10 0.00 0.00 4/7/10 a 00 0.00 4/8/10 0 00 0.00 4/9/10 0.00 0.00 4/10/10 0 00 0.00 4/11/10 0.00 0.00 4/12/10 0.00 0.00 4/13/10 ',100 0.00 4/14/10 0 00 0.00 4/15/10 0 CO 0.00 4/16/10 0 00 0.00 4/17/10 t:.00 0.00 4/18/10 i; 00 0.00 4/19/10 0 00 0.00 4/20/10 0 00\ 0.00 4/21/10 0 00" 0.00 4/22/10 0.00 0.00 4/23/10 0 00 0.00 4/24/10 0 00 0.00 4/25/10 0.00 0.00 4/26/10 0 00 0.00 4/27/10 0 CO 0.00 4/28/10 0 00 0.00 4/29/10 0 90 0.00 4/30/10 Li.00 0.00 Exhibit g Page 11 BATEMAN WELL MONTHLY SUMMARY ABOVE JAY THOMAS DITCH A&W Water Service,Inc. Case No.05CW40 Depletions&Accretions adjusted for River Call Conditions Excess Replacements Available Farr Excess Replacements Excess Bateman Wright Recharge City of Aurora Available Bateman Well Excess Replacements Replacements Stream Project Net for Bateman Net River to to Month Depletions Net Accretions Fully Consumable Operations Balance Exchange Fart Operations (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) Apr-10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 May-10 Jun-10 Jul-10 Aug-10 Sep-10 - Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Total To-Date 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BATEMAN WELL DAILY SUMMARY (input) (input) Excess Replacements Available Fart Excess Replacements Excess Bateman Wright Recharge City of Aurora Available Bateman Well Excess Replacements Replacements Stream Project Net for Bateman Net River to to Date Depletions Net Accretions Fully Consumable Operations Balance Exchange Fart Operations (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) 4/1/10 0.00 0.00 0.00 0.00 0.00 000 G00 4/2/10 0.00 0.00 0.00 0.00 0.00 o OJ n o0 4/3/10 0.00 0.00 0.00 0.00 0.00 0 00 L.on 4/4/10 0.00 0.00 0.00 0.00 0.00 01 n iu; 4/5/10 0.00 0.00 0.00 0.00 0.00 n.00 0 00 4/6/10 0.00 0.00 0.00 0.00 0.00 000 0 O 4/7/10 0.00 0.00 0.00 0.00 0.00 0 W 0 00 4/8/10 0.00 0.00 0.00 0.00 0.00 O00 0 00 4/9/10 0.00 0.00 0.00 0.00 0.00 0 Ti u 0(, 4/10/10 0.00 0.00 0.00 0.00 0.00 0 00 r o0 4/11/10 0.00 0.00 0.00 0.00 0.00 C.00 0 00 4/12/10 0.00 0.00 0.00 0.00 0.00 0 00 .n:i 4/13/10 0.00 0.00 0.00 0.00 0.00 C o0 0 02, 4/14/10 0.00 0.00 0.00 0.00 0.00 0.00 ono 4/15/10 0.00 0.00 0.00 0.00 0.00 C.OC r 00 4/16/10 0.00 0.00 0.00 0.00 0.00 0 00 0 O 4/17/10 0.00 0.00 0.00 0.00 0.00 0 00 0 00 4/18/10 0.00 0.00 0.00 0.00 0.00 0.0; 000 4/19/10 0.00 0.00 0.00 0.00 0.00 0.00 000 4/20/10 0.00 0.00 0.00 0.00 0.00 0 00 0 00 4/21/10 0.00 0.00 0.00 0.00 0.00 0 00 0 00 4/22/10 0.00 0.00 0.00 0.00 0.00 0.UJ 000 4/23/10 0.00 0.00 0.00 0.00 0.00 0 JO 0 ntl 4/24/10 0.00 0.00 0.00 0.00 0.00 o:IC C 5(1 4/25/10 0.00 0.00 0.00 0.00 0.00 ..;r our; 4/26/10 0.00 0.00 0.00 0.00 0.03 1,00 0 0'., 4/27/10 0.00 0.00 0.00 0.00 0.00 C.2:; 4/213/10 0.00 0.00 0.00 0.00 0.00 0'1) 6- 4/29/10 0.00 0.00 0.00 0.00 0.00 00 JOT 4/30/10 0.00 0.00 0.00 _ 0.00 0.00 . .J C.C" Notes: For days that net river balance is greater than zero,excess will be split between that available for exchange or that available for replacement under Fart operations(pg 12) Ex Ala Peen FARR WELLS MONTHLY SUMMARY FlEI O W JAY TDOMA`DITCH A&W Water Service,Inc Case No.OSCWJO Depletions&Amethmpdjustedfor River Can Conditions Exam RMammenls Available Beeman Excess Replacements Farr MEW FIDCO A&W Recharge FIDCO CCWCD CM of Longmont Available Fan Operations Mass Replacements Excess Replacements loam Deliveries Mm Project Realm Flow Recharge Net Fully for Fen Net Riser to to Beeman Month Depletions Aug Station Accretions Ob%Paons NetAmeuons Consumable Operations Balance EWunae Operarbna lat-It lac-ft) Iaoftl lac-Ill Pc-R) lac-ft) lac-RI lacrtl Iac- ) Po14 Apr-10 0.00 0.00 0.00 aW MOO O.W 0.00 0.00 0.00 0.00 May-10 Jun-10 Jul-10 Am-10 Sep-10 Dew Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 0otsl0o-Date 0.00 0.00 0.00 0.00 0.00 0m 0.00 0.00 0.00 0.00 FARR WELLS DAILY SUMMARY Excess Replewnert AaBable Baseman Excess Replacements Farr ABM FIDCO ABM Recharge FIDCO CCWCO City of Longmont Mailable Fan Operilbns Excess Replacements Excess Replacements Simon Dealer..dim Project Realm Flow Recharge Net Folly for Parr Net Riser to to Bateman Date Depletions Aug Stbon Arnetsons Obligations Net Accretions Consumable Operations Balance Exdmge Operations lac-Itl lac+N lac-ft) lac-ft) (ac-kl lm-RI MoIN lac-I1) lace) lac-ft) 4/1/10 0.00 0.00 0.00 0.00 om WDo 0.00 0m . 4/2/10 0.00 0.m 0.00 WW 0m 0A] MOO 0m 4/3/10 MOO 0.03 0.00 0.03 0.00 0.W 0.00 0.00 4/4/10 0.00 MOD 0.00 0.00 0.00 0.03 0.00 0.00 4/5/10 0.00 030 0.00 000 0.00 aW 0.03 0.00 •.. 4/6/10 0.00 om 0.W 0.03 0.00 OM 0.00 WOO 4/7/10 0.00 OAP 0.00 0.00 0.00 WOO WOO 0.W 4/8/10 OW aW 0.03 0.00 MOD 000 WW O.W ..- 4/9/10 DM 0.00 0.00 0.000.W 0.02 0.W 0.00 4/10/10 0..W 0.00 0.00 0.00 MOO 0.03 0.00 0.W 4/11/10 WOO 0.00 0.00 0.00 0000.W 0.00 em 4/12/10 0.00 0.00 0.00 0.03 WOO 0420 0.00 em ' 4/13/10 000 O.W 0.03 0.W WOO 0.00 0.00 MOD - 4/14/10 0.03 0.W 03X1 WW 0.03 AM 0.00 0.03 3 4/15/10 0.W 0.03 WOO 0430 0.W 0.00 WW OW 4/16/10 000 0.00 OM 0.00 0.03 0.00 0.00 0m 4/17/10 0.00 0.00 0.00 aW 0.00 0.W 000 0.00 - ' 4/18/10 0.00 0.00 0.00 000 aW 0.00 0.00 0m 4/19/10 0.00 0.00 0.03 0.03 0.00 0.W 0.00 000 4/20/10 0.00 0.W WOO 0.00 Om 0.00 WOO 0.03 4/21/10 0.00 0.03 aW 0.00 0.00 0.00 0.00 WOO - ' 4/22/10 0.00 0.00 OAP 0.00 MOO O.W WOO 000 4/73/10 0.03 0.00 0.00 000 aW 0.03 0.00 0.00 4/24/10 0.03 0.00 0.00 0.03 0.00 0.00 0.00 000 ' 4/25/10 00.3 0.00 0.00 0.00 0.00 0.W 0.00 MOO 4/16/10 0.00 0.00 0.00 0.00 0.03 WW 000 0.00 4/27/10 0.00 000 0.00 0,00 0.00 0.00 0.00 0.W 4/78/10 0.00 000 0.03 0.00 oW 0.00 0.00 0.00 4/29/10 0.00 0.00 0.00 000 0.00 0.03 0.00 0.W - ' 4/30/10 0.W 0.00 000 O.W 0.00 aW 0.03 003 - Notes: For days that net river balance Is greater than zero,excess with be spilt between that available for exchange or that available for replacement under Bateman operations Mg 111 _e_i - F. - • I.P.1 •' •x ;,= Tom'' s . . n i 3 _' sermon 029 Itw L a, or '�` . ms t '"'.•V y7 ' '� ,. � • +„� '-•.... .rte kiE" .4., { •1 ' t•!� x§r•�((( � i • t F! it: t e: yr,•d t , • it'f. rC7+'.�_ .i," •• 4 ♦- r _ - 2 c -t '•t 'c.i } _ �S r.' 1�i 1 7 Z `` t.- . .i' `r is�i� I �tt _ • � 1 (•l•. ii 1 I y.. �. i.. rie •`_ •`- •1• r t 1.1E: . 3 :,,,:f, ,iet 1i% a� • ttl�;., K w � ,�' � . �'i fy;r • !-. +`• r � tvF. -� , ii , L 'i•,'•,•,, , ,1 C �'.�+f �' f .'.. •i r `0ji I�'' • - anr�. +'�'' ii t . nil t i; 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A&W Recharge Ponds _ f _ -- --I--- - Fanners Independent Ditch .i.t.:r. 4 -S.;• • cif •4, ; • SP, -------.' --r"—r- ..I.:-.-.7.-.-A's —11 r- - seel . , • • • 'H• •T• KEN2� � : iz `thr+.5-Cc: _-r `! rr r v Date: 12-7-2009 r Exhibit 9 Drawn By: MLH clearWATERsvlutious A&W RECHARGE PROJECT Scale: 1 " = 1 ,000' water rights • plonnlnp • engineering Job No: 07-' 0 *tat CarbRs•d5.Sir.ILK-Writs,03•.QS7e•.lC}73R.8 m cn awls 0 Z � o Q W � V LO w Oa W (I) . Et W Q oti Q V! L a) C V! ii • c7i a co (a) 4``) 2CD / C p 00 0 -, yt o 4 I . 4D L r us) 0 ' Ill- ..- -, ,in • . _ c 2 Oa) N o �- O in E c(1) C:) • _ aloth 0 N W C) eaI Cn 4 • • • lff \ a L i 11) CD OD - `t I Ct 0) > C . _ a , 45 i ci o Co CI) a col a, oa 0 0 m it co a) ch 1 Et.. 43 4-0 - co o -ocii H 0 w 0 iii= 0 a) ..,.., = E2 a cz .O OLLOw •, < • • • • 0) (s2 a) CD c E O a . . :oral = Et?. 0- N >, w a :4-1 -0 0 O . 5 c W .-- a, (13 0 a) Li_ a) D cm a c imi- V . 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