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Home My WebLink About3.3.8.1 Water Narrative Attachments (09-09-09)1- 2 2 0 N 0. 0,4 E co 3 Pad Water Demand Estimates Total Demand tk coLd = 00 0 Potable Water LO 0 0 Month/Year CR 00 N 00 0o Ln oo n N N N N r-• 00 N N N N N rn N N N r rs: 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 ri g --I N e-1 n 00' 00 N N 1n H H H H N Lr`iT 0 Ln Ln In Ln LD N N N In in Ln Ln Ln al al al al rn rn In 0 0 N Ln tI'1 N N 00 0 0 0 0 0 — ' 00 CO CO CO CO 0 `^ INF Ni" C -l-1 -1 .N-( .N -I r -I LIO 0 tD LO toLC)tO o r-1' .--i .-1- ,--i T4 co L1 O N LOO In L N Ln Ln Ln Ln Ln N v +' L10 N n r• r` L I1 ftl Ni N Ni N N N LC; ri c 0 !ai u a Loi ai 0 0 0 0 0 0 p co co 0 lD 0 0 Lno0 0 0 0 `^ 3 a N ai Lo co to' al o. La ` E H O, O C1 O, Q, rn y CR L70 00 00 ao 00 c — i= o EIII m �a +' c to — 0 L 00 o 0o LT C, w rn Ln c0 a 0 0 0 0 0 0 0 .,-1 0 c 0 0 0 0 0 0 0 d CU Q p TO Nre D 0 N To 0 al o 'clOD 0 C -a 0 0 0 0 0 0 0 0 0 . O t? 0 1.13O C O QO, Gm, 00, Om, cr) rn co a) to O u5 L11 7. (n y 11 U m -p coo 11 To a -0 0 0 c 0 E U (0 N N 0 0 E '- 0 ri O 0 O C-0.0 c 0 N ri0 L N a„.O no c v = 0 (0 ''- N m LT DL v_ w m 0 to LL_ c 1015 September 2009 October 2009 November 2009 December 2009 DOWN VALLEY SEPT1C, LLC SMELLY PROBLEM SPE[IALISI P.0. BOX 1929 • RIFLE, c0 61650 970-625-5556 FAX 970-625-2106 August 27, 2009 Fox Consulting Attn: Dave Fox Fred Jarvis Director — Garfield County Building and Planning Department 108 8r" Street, Suite 401 Glenwood Springs, CO 81601 Re- Hauler Affidavit for GV 82-5 — Nabors 577 Dear Dave: Please accept this letter as certification that Down Valley Septic provides sewage collection, potable water, and portable restrooms for Williams Production RMT. I certify that Down Valley Septic will provide above services for Williams Production RMT for the GV 82-5, Nabors 577 Drilling rig. Service will be provided as needed. Down Valley Septic is available 24 hours a day, 7 days a week, 365 days a year. Collected sewage will be disposed of at the Silt Wastewater Treatment Facility, a state certified location. Down Valley Septic has three potable water trucks with stainless steel water tanks (not poly) that are tested every 30 days for bacteria and other contaminants. Samples are sent into the Colorado Department of Health for lab testing every month. Before loading even begins a third party person whom is State Certified tests the water for PH level, chlorine, and temperature. When the driver reaches their destination he first pulls a sample and tests for chlorine or continuation that may have accrued during transportation. Then the driver disinfects hose fittings and checks the water boxes that he will be filling to make sure that the boxes are sanitary. The driver will then complete his log book with his recorded results. Both water test are stored for you for 10 years and one copy of the state certified test is attached to your invoice. Potable water will be supplied from the Town of Silt's municipal water system. (signature) (date) sr 7T "aye <� (name) Please contact me if you need any additional information at 970-625-5556. Thank you, Scott Moyer Down Valley Septic MUNICIPAL RESU EH1IAL coMMERCIAL PORTA JOHNS SEPTIC ROLLOFF POTABLE WATER (title) Main Siem Colorado River Calls 1987 through 2009 Source: State Engineers Office Call Type Start Date End Date Call Days T Water Source WDID i Structure Name Appro Date Main Stern 1987-03-10 08:00 1987-04-17 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 _J Main Stem 1987-07-10 08:00 1987-07-12 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stern 1987-07-16 08:00 1987-07-24 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Maln Stem 1967-07-24 08:00 1987-07-28 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stern 1987-08-06 08:00 1987-08-07 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 ' J Main Stem 1987-08-11 06:00 1987-08-12 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 1987-08-12 08:00 1987-08-24 07:59 COLORADO RIVER 5300584 JSHOSHONE POWER PLANT 1902-01-07 h7 Tin Sten 3987-08-20 08:00 1987-08-22 07:59 2 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 1987-08-24 08:00 1987-08-27 07:59 COLORADO RIVER 5300584 !SHOSHONE POWER PLAPIT11929-05-15 ' Main Stem 1987-08-27 08:00 1987-10.2E 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLAN -11902.01-07 Main Stem 1987-09-11 08:00 1987-10-23 07:59 42 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 1987-10-28 08:00 1988-04-04 07;59 COLORADO RIVER 5300584 5300584 r 'SHOSHONE POWER ALAPfijI902 SHOSHONE POWER PLANT -11921-05-15 01•x7 Main Stem 1988-04-04 08:00 1988-04-05 07:59 COLORADO RIVER Main Stem 1988-07-19 08:00 1988-10-71 07:51 COLORADO RIVER 7200646 GRAND VALLEY PRO]ECT 1908-02-27 1908-02-27 Main Stern 1988-08-16 06::06 1988-09-.13 87:53 28 COLORADO RIVER 7200646 GRAND VALLEY PROJECT Main Stem 1988-08-30 08:00 1989-03-1087:5 COLORADO RIVER 5330584 SHOSHONE POWER PLANT 1901.01-07 Main Stem 1989-07-05 08:00 1989-07-13 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 1989-07-17 08:00 1989-07-23 07:59 COLORADO R1vER 5300584 SHOSHONE POWER PLANT 1929-05-15 Mom 54err: Main Ste r, 1939-07-19 09:00 1939--08-28 07:59 40 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 1999.08.20 08:00 198+9-10-31 07:59 64 COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1908-02-27 Main Stem 1989-09-06 08:00 1989-09-12 97:59 COLORADO RIVER 5309584 SHOSHONE POWER P;Al1T1902-01-07 Main Stem 1989-09-12 08:00 1990-04-23 07:59 COLOR.ADO I1IVER _ 5300584 SHOSHONE POWER PLANT1902--01-07 Main Stem 1990-04-30 08:00 1990-05-01 07:59 COLORADO RIVER 5306584 SHOSHONE POWER FLANT1929•05-15 Main Stem 1990-05-01 08:00 _`1990-05-04 107:54' COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1+302-01-07 Main Stem 1990-05-16 08:00 1990-06-30 07:59 COLORADO RIVER 5104700 WII DY GAP PUMP PLCAII41367-06-22 Main Stem 1990-07-27 08:00 1990-09-22 07:59 t0 , 61 COLORADO RIVER 5300584 SHOSHONE POWER PLAi 1 1925-05-15 Mein S eeu Mail Steak 1990-07-30 08:00 19913-01.1.- ti 07:1.9 1390-i0-94 07:50 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 199.0.08 09 68:015 ;COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1908-02-27 Main Stem 1990-09-22 08:00 1991-03-06 07:59 COLORADO RIVER 5300584 15H054-IONE POWER PLANT 1902-01-07 Main Stem 1990-10-09 08:00 1990-10-22 07:59 13 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 1991-03-27 08:00 1991-05-66 07:59 COLORADO kJ VER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1991-98-09 08:00 1991-09.13 07:59 COLORADO RIVER 5300584 :SHOSHONE POWER PLANT}1929.05-15 Main Stem 1991-09-02 08:00 1991-09-13 07:59 ' 11 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 1991-09-13 08:00__ 1991-09.23 07:59• COLORADO RIVER 5300584 5HO5HONE POWEI PLAN' 7942-01-07 Main Stem 1991-09-21 08:00 1991-09-30 07:59 i COLORADO RIVER 530.0584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1991-09-30 08:00 1991-10-25 07:59 25 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 1991-10-11 08:00 1992-01-06 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT;1902-01-07 Main Stem 1992-04-01 08:00 _ _ 3992-04.13 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLAf+L711902.01-07 Main Stem 1992-07-15 06:00 1992-07-30 07:59 20 C O ORAD RIVER 5300594 �SHOSHONE .1:' 10'€:F_ POWER PLAN -4;1929-05-15 Main Stem 1.992-07-30 :8:00 1992-08-19 07:59 C ,;.:?RAi : k V:'•`. ., r--.70 47%;1:: ci re t u ' � i t. .7.C -_::44_-',`_ ,C.) , GRAND 'VALLEY CANAL 1914-04-26 Main ;Lie—: Win tern 1992-08.1906:00 1992-09•t}097:59 20 72Gi0.,46 GP.ANNL:VAiIEVPROJECT .1908-02-27 199.;-!-09-6 i 00 +190 09.11 6;':`9 , L99;•:'-09- 6,07: 53 ..;_'f _l} _:;, 0:.59 3 _:- 7217(11+:5 GRAND VALLEY 0161 s 1908-02-27 Y 1991' { . _i _11992-09. . &i �. • S 092 i_.,, C13:00 M.- 7200646 7200645 GR h: `'ALLE,/ FRO=E0T 1908-02-27 GRA h r2 VALLEY CANAL 19:4-04 .26 Main Stern 1992-10-21 08:00 1993-01-04 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1993-02-19 08:00 1993-04-14 08:00 1993-04-14 07:59 1993-04-21 07:59 COLORADO RIVER COLORADO RIVER 5300584 5300584 SHOSHONE POWER PLANT11902-01-07 SHOSHONE POWER PLANT1929-05-15 Main Stem Main Stem 1993-08-22 08:00 1993-09-03 07:59 COLORADO RIVER _ ':5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 1993-09-03 08:00 1993-09-17 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANTj1935-08-01 Main Stem 1993-09-17 08:00 1993-09-30 07:59 _ COLORADO RIVER 5300584 -SHOSHONE POWER PLANT 1929-05-15 Main Stem 1993-09-30 08:00 1993-10-18 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1993-1048 08:00 1993-10-31 07:59 COLORADO RIVER. 5300584 'SHOSHONE POWER PLAN 119 29-05-1 5 Main Stern 1993-11-05 08:00 1993-12-31 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT'1902-01-07 Main Stem • 1994-04-01 08:00 1994-04-18 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANTJ1902-01-07 Main Stem 1994-06-29 08:00 1995-01-03 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1994-07-15 08:00 1994-07-29 07:59 14 COLORADO RIVER 7200645 GRAND VALLEY CANAL. 1914-04-26 Main Stem 1994-07-29 08:00 1994-08-05 07:59 7 COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1908-02-27 Page 1 of 5 Main Stem Colorado River Calls 1987 through 2009 Source: State Engineers Office Main Stem 1994--08-05 08:00 1994-09-30 07:59 56 (COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1908-02-27 Main Stem 1995-02-28 08:00 1995-05-01 07:59 'COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem '1995-05-01 08:00 1995-05-12 07;59 COLORADO RIVER 51110584 SHOSHONE POWER FLANT1929-05-15 Main Stem 1995-12-11 08:00 _ 1996-01-02 07:59 _ COLORACtp RIVER 5300581 SHOSHONE POWER PLANT 1929-05-15 7 Main Stem 1996-08-13 08:00 1996-09-18 07:59 36 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 1996-09-18 08:00 1996-10-01 07:59 COLORADO RIVER 53005E4 SHOSHONE POWER PLANT 1935-08-01 Main Stem 1996-10-01,08:00 1996-10-28 07:59 COLORADO RIVER 5300584 SHOSHONE POWER.PLANT 1929-05-15 Main Stem 1996-11-06 08:00 1996-12-30 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1998-08-26 08:00 '1998-09-07 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 1998-09-07 08:00 1998-09-10 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 1998-09-1008:00 1998-11-30.07:59 COLORADO RIVER 12300584 5300564 SHO51OME POWER PLANT 1929-05-15 J SHOSHONE POWER PLANT 1902-01-07 Main Stem 1998-11-30 08:00 1999-01-04 07:59 COLORADO RIVER Main Stem 1999-03-22 08:00 1999-04-12 07:59 _ COLORADO RIVER '5300584 5300584 SHOSHONE POWER PLANT 1929-05-15 SHOSHONE POWER PLAMi{1902-01-07 Main Stem 1999-04-12 08:00 1999-04-21 08:00 COLORADO RIVER Main Stem 2000-04-03 08:00 2000-04-07 08:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2000-04-07 09:00 2000-04-10 09:00 COLORADO RIVER 5300564 SH05HONE POWER PLANT 1929-05-15 Main Stern 2000-07-20 16:00 ,2000-08-02 11:59 COLORADO RIVER , 5300564 SHOSHONE POWER PLANT 1929-05-15 Main Stem 2000-07-29 18:00 2000 08 09 11:59 11 COLORADO RIVER 17200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 2000-08-02 12:00 _ 20_00=06-14 17:54 C 2Lt RADC: R1wER .5300589 SHOSHONE POWER PLANT 1902.01-07 Main Stem 2000-08-09 12:00 2000-08-19 17:59 10 COLORADO RIVER 17200646 GRAND VALLEY PROJECT 1908-02-27 Main Stem 2000-08-19 18:00 2000-08-28 12:00 ICOLORADO RIVER ?7200645 GRAND VALLEY CANAL 1914-04-26 Main Stern 2000-08-19 18:00 2000-08-23 1 1:S9 'COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 2000-08-23 12:00 2000-06.26 11:59 COLORADO RIVER 5300564 SHOSHONE POWER PLANT'1901-01-07 Main Stem 2000-08-28 12:00 2000-09.013 11:59 'COLORADO RIVER ,5300584 SHOS-HONE POWER PLAN111929-05-15 Mein Stern 2000-09-08 08:00 2000-09-13 07:59 5 COLORADO RIVER ;7200645 GRAND VALLEY CANAL 1914-04-26 Maln Stem 2000-09-06 12:00 2000-09-23 06:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT•1902.01-07 Main Stem 2000-09-13 08:00 2000-09-23 08:00 10 COLORADO RIVER 72006415 GRAND VALLEY PROM1CT 11908.)2-27 Main Stem 2000-09-27 12:00 2001-04-20 13:59 COLORADO RIVER 5300584 SHOSHONE POWER PLAN 1902-01-07 Main Stem 2000-10-03 08:00 2000-10-16 08:00 13 COLORADO RIVER 720'0646 GRANS.': VALLEYPROJECT1908-02-27 Maln Stem 2001-04-20 14:00 2001-04-25 08:29 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-11-10 Main Stem 2001-04-25 08:30 2001-04-27 09:29 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935.08-01 Main Stem 2001-04-25 08:30 2001-04-27 0B:36 2 COLORADO RIVER 72+90646 GRAND VAI-L.'K PROJECT 1935-08-01 Maln Stem 2001-04-27 08:30 "2001-04.30 08:00 _ COLORADO RIVER 53005434 51-iOSHONE POWER PLANT 1935-11-10__ Main Stem 2001-06-24 11:00 2001-06-25 16:30 COLORADO RIVER .5300584 SHOSHONE POWER PLANT1946-06-24 Main Stem 2001-06-30 11:00 2001-07.03 07:59 ;C.Ok ORADO RIVER 5300584 SHOSHONE POWER PLAN111.5.52-09-22 Main Stem 2001-07-03 08:00 2001-07-17 14:59 ,COLORADO RIVER 53010564 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2001-07-17 15:00 X2001-07-25.15:59 COLORADO RIVtfi 5300584 SHOSHONE POWER PLANT 1935-043-01 Main Stem 2001-07-26 16:00 2001-07-30 16:29 COLORADO RIVER .5300564 SHOSHONE POWER PLANT 1935-11-10 Main Stem 12001-07-30 16:30 2001-08.09 013459 COLORADO RIVER 53005E4 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2001-08-09 09:00 2001-08-11 10:59 COLORADO RIVER 5300564 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2001-08-11 11:00 2001-11-24 09-00 COLORADO RIVER 5300584 SHOSHONE POWER PLANTI1935-08-01 GRAND VALLEY CANAL 11914-04-26 Main Stem 2001-08-28 17:00 2001-09-18 08:00 21 COLORADO RIVER 7200645 Main Stern 2001-09-26 13:00 2001-09-28 13:59 2 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 2001-09-28 14:00 2001-10-16 08:00 18 COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1908-02-27 Main Stern 2001-12-05 17:00 2002-04-05 07:59 COLORADO RIVER 5300584 SHOSHONE POWER FLANK 1902-01-07 Main Stem 2002-04-05 08:00 2002-04-16 1 1 ; 55 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2002-04-16 12:00 2002-04.19 11:59 COLORADO RIVER 5300564 SHOSHONE POWER PLANT i935-11-10 Main Stem 2002-04-18 12:00 2002-04-23 07:59 1COLORADO RIVER (COLORADO RIVER 5300584 _ 5300584 SHOSHONE POWER PLANE 1935-08-01 SHOSHONE POWER PLANT 1902-01-07 'Main Stem _ '2002-04-23 08:00 '2002-04-2811:59 Main Stem 2002-04-24 08:00 2002-04-28 12:00 4 JCOLCRADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 -Main Stem 02 2002-04.30 08:00 20-04-29 12:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Mhir, Stem Main Sten: 2002-05-0110S:00 2002-U5-02 15:00 2002-05-02 14:59 1 COLORADO RIVER 72130645 GRAND VALLEY CANAL 1957-07-29 2002-05-03 15:59 1 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1946-06-24 Main Stern 2002-05.03 16:00 2.002-05-07 08:00 4 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1935-08-01 Main Stern 2002-05-14 08:00 2002-05-1608;00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2002-06-13 12:00 2002-06-17 07:59 COLORApc RIVER COLORADO RIVER 5300594 SHOSHONE POWER P11hHT 1935-11-10 Main Stem 2002-06-17 08:00 , 2002-06-27 15:59 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2002-06-24 14:00 2002-06-37 15:59 3 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1935-08-01 Page 2 of 5 Main Stem Colorado River Calls 1987 through 2009 Source: State Engineers Office Main Stem 2002-06-27 16:00 2002-07-03 07:59 i 6 COLORADO RIVER 7200645 GRAND VALLEY CANAL. 1914-04-26 Main Stem 2002-06-27 16:00 2002-07-06 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2002-07-03 08:00 2002-07-06 07:59 j 3 COLORADO RIVER 7200548 GRAND VALLEY PROJECT 1908-02-27 Main Stem 2002-07-06 08:00 2002-07-08 07:59 2 COLORADO RIVER 7200645 GRAND.VALLEY CANAL 1914.04-26 Main Stem 2002-07-06 08:00 2002-07-08 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2002-07-08 08:00 2003-03-14 11:59 1 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2002-07-08 08:00 2002-07-09 07:59 -i 1 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 2002-07-09 08:00 2002-10-04 12:00 87 COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1908-02-27 Main Stem 2003-03-14 08:00 2003-03-17 15:29 COLORADO RIVER 5300584 SHOSHONE POWER PLANTi1935-11-10 Main Stem 2003-03-17 15:30 2003-03-24 11:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2003-03-24 12:00 2003-03-28 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT'1921-07-04 Main Stem 2003-03-28 08:00 2003-03-30 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2003-03-30 08:00 2003-04-02 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT11902-01-07 Main Stem 2003-04-02 08:00 2003-04-03 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1921-07-04 Main Stem 2003-04-03 08:00 2003-04-04 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stern 2003-04-04 08:00 2003-04-06 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-11-10 Main Stem 2003-04-06 08:00 2003-04-10 08:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2003-05-08 16:00 2003-05-12 08:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1952-09-22 Main Stem 2003-07-10 10:00 2003-07-11 15:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2003-07-11 16:00 2003-07-21 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 2003-07-21 08:00 2003-07-22 08:00 COLORADO RIVER .5300584 SHOSHONE POWER PLANT 1946-06-24 ' Main Stem 2003-07-23 10:00 2003-07-31 15:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1946-06-24 Main Stern 200:1-07-31 12:00 2003-08-11 13:59 11 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1935-08-01 Main Stem 2003-07-31 16:00 2003-08-07 12:19 _ COLORADO RIVER 5300584 SHOSHONE POWER HAW' 1935-08-01 Main Stem 2003-08-07 13:00 2003-08.11 11:59 RIVER 53005E4 SHOSHONE POWER PLANT 1921-07-04 Main Stem 2003-08-11 12:00 2003-08-18 07:59 7 ICOLORADO OOLORA00 RIVER 5388504 L7200645 J,GRAND '7200646 7200646 53005131SHOSHOP SHOSHONE POWER PLANT 1902-01-07 F•IaioSt€-n F aslit atm Ftaiil5[een xx1Q 1 --B 11 r:00 2003-08-13 11:59 COLORADO P.1VER VA:€ 1 F'1' CPJ4AL 1914...04-26 -,k093-0S 1. •s '- 2:00 ]2003:118-1E1 118-1€' 0 1.00 2003-08- t 90 :00 5 1 COLCIRADO 41 VER COLORADO RIVER GRAND VALLEY PROJECT 1900-02-27 2083 -0l4 -t8;113:00 GRAND VALLEY PROJECT 71921-07-04 Main Stem 2003-08-18 08:00 2003-08-19 07:59 , COLORADO RIVER E POWER PLANT 1921-07-04 Main Stem 2003-88-1908:00 ;2003-09-11 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935.08-01 Main Stern 2003-09-03 12:00 2003-09-08 08:00 5 COLORADO RIVER 7200646 GRAND VALLEY PROJECT 1935-08-01 'Main Stem `2003-09-11 08:00 2003-09.12 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT .1946-06-24 Main Stem 2003-09-12 08:00 2003-09-22 07:59 COLORADO RIVER 5108584 SHOSHONE POWER PLANT 1935-08-01 '.Main Stem 2003-09-22 08:00 2003-10-25 08:0U COLORAtiO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Mein Stem 2003-09-22 08:00 2003-11-04 06:00 43 COLORADO RIVER 7200646 GRAND. VALLEY PROJECT 1908-02-27 Main Stem 2003-10-30 13:00 2003-11-04 07:59 COLORADO RIVER 5300511:4 stiOSHDNE POWER PLAN! 1902-01-07 Main Stem 2003-11-04 08:00 2003-11-13 08:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1.946-06-24 Main Stem 2003-11-13 08:00 2003-11-17 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1958-10-09 Main Stem 2003-11-17 08:00 2004-01-09 11:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902.01-07 'Main Stem .2004-01-09 12:00 2004-01-12 09:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Maln Stem 2004-01-12 10:00 2004-03-10 11:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 •Main Stem 2004-03-10 12:00 2004-03-19 11:59 COLOP DO R]VEP 5300534 SI-EOSHQNE POWER PLANT 1935.08-01 Main Stem 2004-03-19 12:00 2004-03-20 12:00 3 COLORADO RIVER 5300584 SH05HONE POWER PLANT 1946-06-24 Marr: Sen 2004-04-23 12:01 2094-05-01 08:00 COLORADO RIVER 720054$ GRAND VALLEY PF2JJEC f 1987-12-14 i+:ee+n.Steirn 2004-07-1.2 17:80 2.009-07-13 14:59 1 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1957-07-29 ainStem l M+i,n SL -Lm 7004-C77-1?. ta:0C 2011.1.07-1515:59 2 COLORADO RIVER 7200645 GR..AND VALLEY CANAL 1935-08-01 20r:4 -.37-1!:1-i,:60 .NJ94-07-16 07:59 1 COLORADO RIVER 720b645 GRAND VALLEY CANAL 193,511-10 ?Melri 5trm 004-97.16 08.80 2004.07-17 08:00 1 COLORADO RIVER 7240645 GRAND VALLEY CANAL 1946-05-24 Ftalii Stem 2001-07-17 08:00 2004.07-20 08:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Sem 2004-07-20 08:00 2004-07-29 08:00 COLORADO RIVER 5300584 SHOSHONE DOWER PLANT 1946-06-24 Hain Stem Nein Steen tern 2004-07-29 08:00 2004.08-02 07:59 COLORADO RIVER 500584 SHOSHONE POWER PLANT 1935-08-01 2004-06-02 08:00 2004-08-09 07:59 7 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 2004-00-09 00:00 2004-08-21 07:59 COLORADO RIVER X7200646 GRAND VAf_E_07 PRI) ECL 1958-0227 Lain aln Siem Main Stem Main Stem 2004 C8-09 08:00 20174-Q6-21 08:00 -- —12 _ 3 COLORADO RIVER 5300584 J6HOS-ONE COLORADO RIVER 7200645 POWER PLANT11902-01.07 2004-06-2.1 08:00 — 2004-08-24 07:59 GRAND VALLEY CANAL 1935-08-01 2.004-s.;h-24 08:00 2004-08-30 15:59 6 COLORADO RIVER 7200645 GRAND VALLEY CANAL 1914-04-26 Main Stem 2004-08-24 08:00 2004-09-17 10:00 COLORADO RIVER ,5300584 SHOSHONE POWER PLANT 1902-01-07 Page 3 of 5 Main Stem Colorado River Calls 1987 through 2009 Source: State Engineers Office Main Stem 2004-08-30 16:00 2004-09-21 15:59 2004-09-21 16:00 12004-09-29 08:00 2.2 8 COLORADO RIVER 17200645 !COLORADO RIVER j7200645 GRAND VALLEY PROJECT 1908-02-27 Main Stem Fialri SrSP GRAND VALLEY CANAL 1935-08-01 2004-09-29 08:00 /2004-10-05 137:5PCOLORADO .2004-10-06 08:00 RIVER 5300584 SHOSHONE POWER VLAN111902-01-07 Main Stem 2004-10-05 08:00 .COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2004-10-06 08:00 12004-10-15 08:00 2004-10-16 10:00 9 COLORADO RIVER 17200645 COLORADO RIVER 5300584 GRAND VALLEY CANAL SHOSHONE POWER PLANT 1935-08-01 1935-08-01 I j Main Stern 2004-10-15 08:00 Main Stem 2004-10-16 10:00 2004-10-20 10:00 4 COLORADO RIVER 17200645 GRAND VALLEY CANAL 1935-08-01 Main Stem 2004-10-20 10:00 2004-10-25 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Maln Stem 2004-10-25 08:00 2004-11-01 07:59 COLORADO RIVER ;5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stern 2004-11-01 08:00 2005-02-15 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Maln Stem 2005-02-15 08:00 2005-02-16 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2005-02-16 08:00 2005-02-24 14:59 COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1935-11-10 Main Stem 2005-02-24 15:00 2005-02-25 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2005-02-25 08:00 2005-04-08 07:59 COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2005-04-08 08:00 2005-04-09 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2005-04-09 08:00 2005-04-11 OB:00_ COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1935-11-10 Main Stem 2005-07-21 12:00 2005-07-25 08:00 , COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2005-07-28 10:30 2005-07-29 09:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANTI1948-05-13 SHOSHONE POWER PLANT]1946-06-24 - Main Stem 2005-07-29 10:00 2005-08-03 08:00 'COLORADO RIVER • 5300584 Maln Stem 2005-08-18 08:00 2005-08-19 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANTI1935-08-01 - Main Stem 2005-08-19 08:00 2005-09-29 07:59 'COLORADO RIVER 75300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2005-09-29 08:00 2005-10-06 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2005-10-06 08:00 2005-10-13 07:59 _ COLORADO RIVER 5300584 SHOSHONE POWER PLANT1902-01-07 Main Stem 2005-10-13 08:00 2005-11-06 23:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2005-11-07 00:01 2005-11-14 23:59 • COLORADO RIVER ' 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2005-11-18 00:01 2006-01-03 23:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2006-04-21 08:00 2006-05-28 11:59 BLUE RIVER 13603543 GREEN MOUNTAIN RESER\ 1935-08-01 Main Stem 2006-07-24 11:59 2006-07-26 11:58 COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2006-07-26 11:59 2006-07-28 07:59 COLORADO RIVER .5300584 SHOSHONE POWER PLANT 1998-05-13 Maln Stem 2006-07-28 08:00 2006-08-05 07:59 COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2006-08-05 08:00 2006-08-10 07:59 COLORADO RIVER 15300584 SHOSHONE POWER PLANT 1929-05-15 Main Stem 2006-08-10 08:00 2006-08-15 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2006-08-15 OB:00 2006;69=22.07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2006-09-22 08:00 2006-10-12 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2006-10-12 08:00 2007-01-05 08:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2006-11-01 08:00 2007-04-27 07:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER 1935-08-01 Main Stem 2007-01-17 08:00 2007-01-23 13:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2007-01-23 14:00 2007-02-02 13:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1946-06-24 ,Main Stem 2007-02-02 14:00 2007-02-09 08:00 . COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2007-04-27 OB:00 2007-05-29 07:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER\ 1935-08-01 Main Stem 2007-05-29 08:00 12007-06-05 07:59 1 BLUE RIVER 3603543 GREEN MOUNTAIN RESER 1935-08-01 Main Stem 2007-06-05 08:00 2007-06-10 07:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER\ 1935-08-01 !Main Stem 2007-0640 08:00 _ 22007-06-19 08:00 BLUE RIVER 3603543 GREEN MOUNTAIN RESER\1985-01-01 GREEN MOUNTAIN RESER 1935-08-01 Main Stern 2007-07-02 08:00 2008-04-23 12:00 BLUE RIVER 3603543 Mi ir. Sreri Meir: Steri 2007.08-11 183:00 2007415-17 09:0i 2litti-08•77 07:59 20t1,-.08-2.4 13:;.0-0 4 i(21_ �= 'OY CIR:I Ci RIVER 7200.545 7200645 7200545 0200645 GRAND VALLEY CANAL 1935.06-1 1 P.ADO RIVE41 -G eAN!) V: 1.1-.x•, .:.ANAL 1946-06-24 He:r. SL�m 2007-09-31 00:01 2007-09.04 07:59 :. L.JRAIX! RIVER COLORADORIVER GRAaIfl vAll. i:Y CANAL 1935-08.-01 :SFLANE VA L i. EY CA.NAL 1914-04-226 __. Main Si,_.1; 2 E'07 1 64 i8':bi1 2007-09-:+3 09:59 15 iilb.r• a.,.-1 2007-09-19 10:09 X2007-09-25 19:99 ' �_.-.,__ 6 —.. 5 ,LOLL) DO RI VEA 72006•:5 cP..z% :I t S' CANAL 1935,7.1-71 7200.645 L-afL+yNO „ A.3EY C_w M 1'937-06.07 1 Main Stem 2007-1.11-12 15.00 2057 -LD -17 (6 00 COLORADO RIVI R Main Stem 2008-04-24 12:01 2008-06-04 09:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER\ 1935-08-01 Main Stem 2008-06-04 10:00 2008-06-10 09:59 BLUE RIVER 3603543 3603543 GREEN MOUNTAIN RESER\ 1935-08-01_ GREEN MOUNTAIN RESER\ 1985-01-01 Main Stem 2008-06-10 10:00 2008-07-04 15:00 BLUE RIVER Main Stern 2008-08-18 09:00 2008-09-08 13:00 - BLUE RIVER 3603543 GREEN MOUNTAIN RESER\ 1935-08-01 Main Stem 2008-09-02 08:00 2008-09-12 07:59 ROARING FORK RIVER 3802049 MIN FLOW ROARING FORK 1976-01-14 Maln Stern 2008-09-12 08:00 2009-03-19 08:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER11935-08-01 Main Stem 2008-09-13 08:00 2008-10-07 18:00 ROARING FORK RIVER 3802049 MIN FLOW ROARING FORK 1976-01-14 Main Stem 2008-10-06 10:00 2008-10-09 08:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Page 4 of 5 Main Stem Colorado River Caps 1987 through 2009 Source: State Engineers Office Main Stern 2008-10-12 08:00 2008-10-13 12:00 ROARING FORK RIVER 3802049 MIN ROW ROARING FORK 1976-01-14 Main Stem 2008-10-21 14:00 2009-03-12 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1902-01-07 Main Stem 2008-11-18 06:00 2008-12-14 08:00 ROARING FORK RIVER 3802049 MIN FLOW ROARING FORK`1976-01-14 Main Stem 2009-03-12 08:00 2009-03-13 07:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 Main Stem 2009-03-13 08:00 2009-03-18 15:00 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1946-06-24 ---I Main Stem 2009-03-19 09:00 2009-04-20 07:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER% 1985-01-01 Main Stem 2009-04-20 08:00 2009-05-27 14:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESERV1935-08-03 Main Stem 2009-05-27 15:00 2009-06-07 07:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESER% 1935-08-01 Main Stern 2009-06-07 08:00 2009-06-10 11:59 BLUE RIVER 3603543 GREEN MOUNTAIN RESERV1935-08-01 Main Stem 2009-06-10 12:00 2009-06-15 08:00 BLUE RIVER 3603543 GREEN MOUNTAIN RESER% 1985-01-01 Maln Stern 2009-08-07 08:00 Active _ BLUE RIVER 3603543 GREEN MOUNTAIN RESER\1935-08-01 Main Stem 2009-08-17 08:00 2009-08-18 08:59 COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1946-06-24 Main Stem 2009-08-18 09:00 Active COLORADO RIVER 5300584 SHOSHONE POWER PLANT 1935-08-01 1987 - 2009 Total Days Out -of prl, 896 Average Days Out-of-Priority/yr. 41 L _ 2002 Peak Days Out of Priority 112 Sept & Oct Period. Max Days Out of Priority(1989) 61. Page 5 of 5 CRWCD No. . g _ j 4 - WATER SUPPLY CONTRACT This Contract is made between the Colorado River Water Conservation District (herein the "River District"), a political subdivision of the State of Colorado acting by and through its Colorado River Water Projects Enterprise,and American Soda, L.L.F., a Colorado limited liability partnership (herein "Contractor") effective as ofthe date of the River District's execution hereof indicated below. RiNitals A. The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 37-46-101, et mi., (herein "River District Organic Act"). B. The River District is the owner and operator of the Wolford Mountain Reservoir Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court") and permits from governmental agencies and the River District will be entitled to deliveries of water from Ruedi Reservoir under its anticipated Contract with the U.S. Bureau of Reclamation. C. The River District's Board of Directors has adopted a Water Marketing Policy by Motion dated December 1, 1995 and revised July 22, 1998, January 20, 1999, and October 20, 1999 to provide for the use of water available from the River Districts sources of supply pursuant to contracts, and that Water Marketing Policy is to be implemented through the River Districts Water Projects Enterprise. D. Contractor has a need for wholesale water service, demonstrated in its submittals to the River District pursuant to the Water Marketing Policy's contracting process, in the amount of two hundred (200) acre feet annually for municipal and industrial purposes which beneficial uses will be accomplished by Contractor generally in the vicinity of the confluence of Parachute Creek with the Colorado River by surface water diversions from, or within the Colorado River drainage. E. Contractor has reviewed the Water Marketing Policy and is aware of the "Hydrology Assumptions" which are part of that Policy and is satisfied, based on its review and investigations, that Contractor legally and physically can make use for its intended purposes of the Contracted Water which is the subject of this Contract and that such use will comply with the Water Marketing Policy and the Project's permits and decrees. Definitions In this Contract certain terms will have definitions as stated below: • The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Organic Act defined in Recital No. 1 and acting by and through its Colorado River Water Projects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation Districts Board of Directors dated July 18, 1995. • The "Project" means the River District's "Colorado River Supply" from Wolford Mountain Reservoir, for which storage water right decrees were obtained by the River District in Cases No. 87CW283 and 95CW281, District Court for Colorado Water Division No. 5, and for which additional storage water right decrees may be obtained in the future by the River District in Case No. 98CW237 or other cases, and the River District's anticipated contractual right to water deliveries from Ruedi Reservoir. • "Agricultural" means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any with right decreed for irrigation purposes, which uses are made on a parcel of land of at least ten acres. • "Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi -public districts, private corporations, homeowners associations, or other entities for domestic, municipal, and miscellaneous related purposes as those terms are traditionally and commonly construed, including the use of water for purposes of producing or processing a nonagricultural product or service for sale, including without limitations; such uses as manufacturing, mining, milling, land reclamation, golf course irrigation, snowmaking, and nonhydroelectric power generation; and including the use of water for environmental mitigation purposes associated with such uses; but excepting the agricultural use of water defined herein. • "Contracted Water" means the water which is the subject of this Contract which is to be released and delivered by the River District and used by Contractor. The Contracted Water is 200 acre feet of Colorado River Supply available during each Project Year during the terms) of this Contract, subject to the provisions hereof, for Contractor's use without right of carryover of any amount not used in any Project Year. -2- • "Project Year" means a period of time from July 1 through and including the subsequent June 30. "Water Marketing Policy" means the River District's policy statement dated December 1, 1995 as the same was revised on July 22, 1998, January 20, 1999 and October 20, 1999 and may be amended in the future. .Agreements The foregoing Recitals and Definitions are incorporated herein as agreements between the River District and Contractor. I. River District Yater Delivery Obligations and Responsibilities. a. Delivery. The River District will deliver the Contracted Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise agreed to by the River District's General Manager based upon written request of Contractor, the River District will make releases for Contractor, based upon Contractor's written schedule of anticipated demand, adjusted as necessary by the ongoing status of river administration vis -avis the priority status of Contractor's diversions. Contractor shall be solely responsible after delivery for the legal and physical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's delivery of Contracted Water shall be subject to Contractor's payments pursuant to paragraph 3 below and the provisions for curtailment of deliveries in paragraph 5 below. c. Water Measurements. The River District shall measure at the outlet works of the Contracted Water's sources of supply all Contracted Water delivered from the account of Contractor and shell notify the Division Engineer of Colorado Water Division No. 5 of the date, time, amount of release of Contracted Water released and delivered pursuant to this Contract. Copies of such records shall be provided to Contractor upon its request therefor. d. Water Quality. The River District shall have no obligation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water delivered pursuant to this Contract by releases of raw water to natural streams. -3- e. Maintenance of Facilities: The River District shall use its best efforts to maintain in good working condition the water storage and release facilities of the Contracted Water. f. Withholding of Delivery. The River District may withhold deliveries of Contracted Water in the event of Contractor's nonpayment for Contracted Water or any other breach of this Contract by Contractor. Such remedy shall not be the River District's exclusive remedy in the event of any such breach g• Delivery from Alternate Source. The River District reserves the right to provide all or any of the Contracted Water to Contractor from alternate reservoirs for Contractor's use hereunder, provided that any such alternate releases shall not diminish the supply of Contracted Water or impair Contractor's legal or physical ability to make use of Contracted Water or to meet its obligations under any judicial or administrative approval described in paragraph 2.d. 2. Contractor's Water Use Obligations and Responsibilities. a Scheduling of Use. Contractor has provided the River District a preliminary written schedule of its anticipated monthly demands for Contracted Water during the upcoming Project Year on or before June 1 annually. The schedule provided by Contractor in its application for this Contract shall serve as the schedule to be used until it is modified in a written notice given by Contractor to the River District or as necessary in response to river administration of the Contractor's diversions. The schedule shall identify the volume of any Contracted Water anticipated by Contractor not be needed by it during any particular Project Year. The Contractor shall update said schedule periodically during the Project Year as conditions require and give the River District written notice of all such revisions. b. Carriage Losses. Contractor shall bear carriage losses, either five percent of delivery or such other amount as is determined by the Division Engineer for Colorado Water Division No. 5, from the point of delivery of Contracted Water to Contractor's point(s) of use and/or exchange or augmentation. c. Use Per Contract and Law. Contractor's use of Contracted Water shall in all instances be in accordance with the terms of this Contract and the Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contacted Water. Contractor is not authorized to apply for or secure any change in the water rights for or associated with any of the sources of supply of the Contracted Water. -4- d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for augmentation or exchange and/or secure administrative approvals of any temporary substitute supply plans which are needed for Contractor to use its Contracted Water. If Contractor intends to make any such applications for any augmentation or exchange plan(s) or substitute supply plan(s), Contractor shall submit the proposed application to the River District at least 30 days before Contractor proposes to file such application. The River District shall review for written approval such applications before they are submitted or filed, and the River District's approval shall not be unreasonably withheld. The River District may in its discretion become a co - applicant in the prosecution of any such applications for the purpose of protecting its water rights and related policies. Contractor shall cause to be included in any final decree of the Water Court a provision conditioning Contractor's use of the Contracted Water on the existence of a River District contract. e. Limitation on Disposition. Contractor shall not sublet, sell, donate, loan or otherwise dispose of any of its rights to this Contract oI to Contracted Water without written notice to and the prior written approval of the River District. The River District's approval of such disposition shall be granted in all instances in which the Contractor is transferring the water system which supplies the Contracted Water, or a permanent transfer of the Contract is to be made to a successor in interest of Contractor by reason of the transfer of the title or other legal right to use the property served by the Contracted Water, or where the transfer is made to an entity such as a homeowners' association or special district created to serve the property originally represented to the River District to be served with the Contracted Water. f. Contractor's Water Rates. Contractor may charge its water customers who are supplied with Contracted Water such rates and charges as are permitted by Colorado law. g. Accounting of Use. Contractor shall maintain an accounting of its use of all water used or supplied by Contractor on form(s) acceptable to the River District specifically for the purpose of enabling the River District to prove the use of River District Project water rights and to administer and operate the Project and water right decrees and/or administrative approvals related to Contractor's use of Contracted Water. Contractor shall submit its accounting forms and records to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting and/or verifying such evidence of use in court or before administrative agencies by testimony of Contractor or its authorized and informed officers or agents. -5- 3. Contiactoj's Payments. a. In addition to the application fee already paid by Contractor, in order for the River District's delivery obligation to become effective immediately Contractor shall pay to the River District on the execution of this Contract the total sum of $21,000, being $105.00 for each acre foot of Colorado River Supply (the Contracted Water), for the first partial Project Year (July 1999 - June 2000). In the alternative, by giving the River District written notice upon execution of this Contract, Contractor may defer delivery rights and obligations until the next Project Year (July 2000 through June 2001) provided that Contractor pays such sum on or before April 1, 2000. Thereafter, on or before April 14 of each year Contractor shall pay to the River District that amount, or the adjusted amount as provided below, for the upcoming Project Year. b. It is understood that the base price of $105.00 per acre foot of Colorado River Supply Contracted Water includes an amount charged for Project operation and maintenance ("O&M") in the amount of $20.00. On April 1, 2003 and every five years thereafter that O&M charge shall be adjusted based on the cumulative change in the Boulder - Denver Metro Area Consumer Price Index ("All Items") and Contractor's subsequent annual payments for Contracted Water shall be adjusted accordingly. 4. Contract Term. a. Subject to the provisions of subparagraph 6.b below, the initial ter=m of this Contract shall be for a period of up to forty (40) years from the date of the execution of this Contract. b. Upon the completion of the initial term and subject to the provisions of subparagraph 6.b below, Contractor shall have the right to renew this Contract for a secondary term of thirty-five (35) years, which shall commence upon the expiration of the initial term. If Contractor desires to so renew this Contract, it shall provide the River District written notice of its intention to do so at least ninety (90) days prior to the expiration of the initial term of this Contract. Thereafter, and prior to the expiration of the initial term, the River District and Contractor shall execute a supplemental agreement of renewal in a form mutually acceptable to the River District and Contractor. If such notice of intention to renew is not provided and such supplemental agreement is not executed, no renewal term shall commence. -6- c. Upon renewal, the following terms of this Contract 01a11 be subject to renegotiation: (1) The charge for and adjustment of operation and maintenance may be increased or modified based upon the adequacy of the charge and its modification under this Contract to cover the River District's operation and maintenance costs actually experienced during the initial term. (2) The need or appropriateness of any conservation plan concerning Contractor's use of Contracted Water as determined by the River District. 5. Water Shortage. In the event that the River District is unable, because of either legal or physical reasons, to deliver any or all of the full amount of water contracted from the Project, including the Contracted Water, the River District reserves the right to apportion the Project's available water among its several contractors, including Contractor, in the manner provided in Section 6 of the Water Marketing Policy. 6. Contract Termination. a. Termination by River District. (1) The River District may terminate this Contract for any violation or breach of the terms ofthis Contract by Contractor, including Contractor's failure to pay timely any sum or amount due under this Contract within 30 days after receiving written notice from the River District of such breach. (2) The River District also may terminate this Contract if, in its discretion any judicial or administrative proceedings initiated by Contractor as contemplated in subparagraph 2.d above, threaten the River District's authority to contract for delivery of Project Water or the River District's water rights, permits, or other interests associated with the Project. (3) The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modification of permits, decrees or other authorizations which are needed to deliver the Contracted Water. -7- b. Termination by Contractor: (1) Contractor may terminate this Contract in its entirety for any reason by giving the River District at least thirty (30) days advance notice prior to the due date of Contractor's next annual payment. (2) Every fifth year after the year in which this Contract is executed, Contractor may partially terminate this Contract as to the amount of Contracted Water by giving the River District at least 30 days advance notice prior to the due date of Contractor's next annual payment. Partial termination by Contractor shall not exceed more than fifty percent (50%) of the amount of Contracted Water which is then under contract. (3) Within thirty (30) days of final approval of the Water Court application contemplated by paragraph 2.d, Contractor may by written notice to the River District partially terminate this Contract as to the amount of Contracted Water which is not needed under that approval. c. Notice of Termination to .affected Official. The River District will notify the Division Engineer and any other appropriate governmental officials of any full or partial contract termination except for any partial termination under subparagraph 6.b(3). 7. Miscellaneous/Standard Provisions: a. Notices. (1) All notices required or appropriate under or pursuant to this Contract shall be given in writing mailed or delivered to the parties at the following addresses: jtiver District: Colorado River Water Conservation District P. O. Box 1120 201 Centennial Street, Suite 204 Glenwood Springs, Colorado 81602 Attention: Secretary / General Manager -8- ContFactor: American Soda, L.L.P. 710 Cooper Avenue, Suite 300 P. O. Box 2070 Glenwood Springs, Colorado 81601 Attention: General Manager (2) Either party may, by written notice given in accordance with this provision, change the addiess to which notices to it shall be mailed or delivered. b. Nondiscrimination. Contractor shall not discriminate in the availability or charges for any water service or water supply made available pursuant to or based upon the Contracted Water on account of race, color, religion, or natural origin or any other criteria prohibited under state or federal law. c. Amendments. No amendment, modification, or novation of this contract or its provisions and implementation. shall be effective unless documented in writing which is approved and executed by both parties with the same formality as they have approved and executed this Contract. DATE: 414;d,/ • 49/. /5 Ai ILST: Richard Eric Kuhn Secretary / General Manager COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water Projects Enterprise Paul 7.O President -9- STATE OF COLORADO ) ss. COUNTY OF GARFIELD AMERICAN SODA, L.L.P. By ielseu eneral Manager VERIFICATION The foregoing Water Supply Contract was subscribed and sworn to before me by Paul J.Ohri as President of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this 1 f day of rip . e r— 1999. Witness my hand and official seal. My Commission Expires: ofary Public MY COMMISSION EXPIRES APRIL 11 2803 -10- STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing Water Supply Contract was subscribed and sworn to before me by Richard Eric Kuhn, as Secretary / General Manager, of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this 7,41.44\-- day of f Lcyer 1999. Witness my hand and official seal. My Commission Expires: • ary Public MY CO M ISSIGN e<PIRES APRIL 1.2003 STATE OF COLORADO ) C.EACRwco ) ss. COUNTY OF GARFIELD ) GaPielD The foregoing Water Supply Contract was "subscribed and sworn to before me by Kurt Nielsen, General Manager of American Soda, L.L.P. this C day of ►a-nr8e?, 1999. Witness my hand and official seal. My Commission Expires: 51 tCk -11- cs.itixrAkcousut Notary Public EXHIBIT # 2 Assignment of Water Supply Contract CW99-14 ASSIGNMENT OF CONTRACT FOR VALUE RECEIVED, American Soda, LLP (Assignor) hereby assigns, transfers and sets over to Williams Production RMT Company (Assignee) all rights, title and interest held by the Assignor in and to the following described contract: Water Supply Contract with Colorado River Water Conservation District, No. CW99-14, dated November 18, 1999. The Assignee hereby assumes and agrees to pay and perform all the remaining and executory obligations of the Assignor under the Contract and to comply with all terms of the Contract. The Assignee hereby agrees that the Contracted Water shall be used in accordance with the terms ofthe Contract and the Colorado River Water Conservation District's Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. The Assignor warrants and represents that said Contract is in full force and effect and is fully assignable. The Assignor warrants that it has full right and authority to transfer said Contract and that the contract rights herein transferred are free of lien, encumbrance or adverse claim. The Assignor further warrants that the Contract is without modification, and remains on the terms contained. This Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. Pursuant to paragraph 7.a.(2) of the Contract, the new name, address, and telephone number for notices shall be: Williams Production RMT Company Steven J. Soychak, District Manager 1058 County Road 215 P. O. Box 370 Parachute, CO 81635 Phone: (970) 285-9377 Fax: (970) 285-9573 This Assignment is conditioned upon the consent thereto by the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise. This Assignment shall be deemed effective upon the date of execution of a Consent of Assignment by the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise. Assignment of Contract Page 2 of 2 Date: Date: i -ft Lt 1 -/c) y AMERICAN SODA, LLP By: CW99-14 Charlie Yates, Ge eral ► an. ger WILLIAMS PRODUCTION RMT COMPANY By: Steven J. Soych District ager CONSENT OF ASSIGNMENT The Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, as a party to Water Supply Contract No. CW99-14, dated November 18, 1999, hereby consents to the assignment of the rights and obligations of American Soda, LLP (Assignor) under said Contract to Williams Production RMT Company (Assignee), subject to the terms and conditions stated above. Date: A i"i'hST: i4/1 2/oc& R. Eric Kuhn, General Manager COLORADO RIVER WATER CONSERVATION DISTRICT, acting by and through its Colorado River Water Projects Enterprise: By: 0-414L Step n M. Mathis, President EXHIBIT # 3 Invoice for 2007 Water Year /CRWCD - ENTERPRISE F1'"'D SUITE #200-201 CENTENNIAL P.O. BOX 1120 GLENWOOD SPRINGS, CO 81602-1120 Bill To: WILLIAMS PRODUCTION RMT COMPANY STEVEN J SOYCHAK, DIST.MGR PO BOX 370 PARACHUTE, CO 81635 Invoice. Date l 03/01/07 121.zi ,. { .DI �4 ri i dGlc Lee{ 200 200 item IV ui]it3 i 6 c pLL n COM! Colorado M&I Wholesale Water Colorado O&M Effective 07/01/2003 LOOM 1 1VUIVG ContcactNo•: CW 99-14 Invite :No.: 602 brir ' , 2007 ,Amount $5.00 17000.00 25.00 Invoice subtotal Invoice total For Water Year Beginning 07/01/2007 and Ending 06/30/2008.. Pursuant to paragraph 6.a.(1) of the abovecontract, the•Rir District may terminate this contract due to failure to pay the amount due under -%his Contract by April 30, 2007. MAR 1 6 2007 5000.00 22000.00 22000.00 Thank You COLORADO RIVER WATER CONSERVATION DISTRICT 970-945-8522 FAX 970-945-8799 COLORADO RIVER WATER PROJECTS ENTERPRISE WATER RIGHTS DESCRIPTIONS JULY 2006 The Colorado River Water Conservation District owns and controls water supplies through its Colorado River Water Projects Enterprise. Those supplies are available for contracting under the Enterprise's Water Marketing Policy. Following is a summary of the Enterprise's sources of supply for use by River District contractors in their Water Court applications. Electronic format copies of this document are available to River District contractors on request. References herein to the "Water Court" mean the District Court in and for Colorado's Water Division No. 5 as said Division is defined in C.R.S. § 37-92-201(1)(e). I. Colorado River Supply Sources. A. Wolford Mountain Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. (1) Case No. 87CW283: Decree Date: November 20, 1989 Legal description of place of storage: The dam is located in the S W 1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Water Court Case No. 02CW I 07. Appropriation Date: December 14, 1987 Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver. (2) Case No. 95CW281: Decree Date: August 26, 1997 Legal description of place of storage: The dam is located in the SW 1 /4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as -built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 2 of 9 (3) Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries Amount: 6,000 acre feet conditional Appropriation Date: January 16, 1995 Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998 Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 3of9 Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. B. Ruedi Reservoir. The River District holds Contracts No. 009D6C0111, 009D6C0 118, and 039F6C0011 from the United States Bureau of Reclamation for 1,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water. (1) Legal description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The clam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 feet. (2) Source: Fryingpan River. (3) Previous storage decrees: (a) Civil Action No. 4613: Decree Date: June 20, 1958. Court: Garfield County District Court. Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Case No. W-789-76. The full amount was made absolute in Case No. 88CW85. Appropriation Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. (b) Case No. 81CW34: Decree Date: April 8, 1985. Court: District Court, Water Div. No. 5. Amount: 101,280 acre feet (refill); of this amount, 44,509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 4 of 9 made absolute in Case No. 01 CW269, for a total of 69,766 acre feet absolute. Appropriation Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. II. Eagle River Supply Sources. Eagle Park Reservoir Company owns and operates the Eagle Park Reservoir Project located in the headwaters of the Eagle River. The River District is a shareholder in the Reservoir Company and is entitled to yield from the Eagle Park Reservoir Project and exchange supplies provided by Aurora and Colorado Springs. The water delivered to or for the benefit of the River District's contractors as "Eagle River Supplies" will be based upon the following water rights. A. Eagle Park Reservoir. The River District's current supply consists of 2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir Company, which entitle the River District to the annual release and/or diversion of up to 200 acre feet from Eagle Park Reservoir and the Arkansas Well more particularly described as follows: (1) Eagle Park Reservoir, decreed by the Water Court in Cases No. 92C W340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date of March 16, 1991, for 5300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divert at the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the decree of the Water Court entered in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. Eagle Park Reservoir is augmented by exchange by decree of the Water Court entered in Case No. 95CW348. The north abutment of the dam crest is located approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as follows: (a) The East Fork Interceptor Ditch, which has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the Eagle River Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 5 or 9 at the following points, all of which are located in Eagle County, Colorado: (i) 900 feet south of the north section line and 1 100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M. (ii) 1250 feet south of the north section line and 700 feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th A.M. (iii) 1200 feet north of the south section line and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M. (iv) Runoff, surface flow, and seepage from the area above the East Fork Interceptor Ditch as it runs between the above- described points of diversion and Eagle Park Reservoir. (b) The Chalk Mountain Interceptor Ditch, which has a capacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles from Fremont Pass, located in the W1/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State Highway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Summit County and from the headwaters of the East Fork of the Eagle River in Eagle County. (c) The East Interceptor Ditch, which has a capacity of 20 cfs and runs northeasterly from a point whence the northeast corner of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a distance of 850 feet at the north fork of McNulty Creek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No.1 described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage, and runoff from watersheds above it that are tributary to Tenmile Creek. (d) The Supply Canal No. 1, which has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the following points: (i) On the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7 S., R. 78 W. bears South 71°35' West a distance of 3250 feet. Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 6 of 9 (e) (f) (ii) On the south bank of Mayflower Creek at a point whence the northeast corner of Section 24, T. 7 S., R. 79 W., 6th P.M. bears North 16°55' East a distance of 2250 feet. (iii) Runoff, surface flow, and seepage from the area above the Supply Canal No. 1 as it runs between the above-described points of diversion and the Climax Mill. The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the following tributaries ofTenmile Creek at the following points: (i) On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears South 45°58' East 3740 feet (located in the N W 1 /4 of the SE1/4 of Section 13, T. 7 S., R. 79 W., 6th P.M.). (ii) On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39°36' east 2635 feet (located in the SEI/4 of Section 22, T. 7 S., R. 79 W., 6th P.M.). (iii) Runoff, surface flow, and seepage from the area above the Supply Canal No. 2 as it runs between the above-described points of diversion and the Climax Mill. The East Fork Pumping Plant, which has a capacity of 6 cfs and diverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Section 32, T. 7 S., R. 79 W., 6th P.M. at a point whence the NE corner of said Section 32 bears N. 31°53' E. a distance of 2414 feet. The Eagle Park Reservoir Company must first receive the permission of Climax Molybdenum Company to use the East Fork Interceptor Ditch, Supply Canal No. 1 and Supply Canal No. 2 described above to divert water into Eagle Park Reservoir. Nevertheless, the firm yield of the River District's supply is riot dependent on the use of those facilities. (2) Arkansas Well, being the first 455 acre feet per year of historic transbasin diversions from an undivided 1/7th interest in and to that certain water right known as the Stevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 cfs with a priority date of September 1, 1873, as changed by the Chaffee County District Court, in Civil Action No. 5276, to a new point of diversion which is a well located in the E1/2 SE1/4 SE1/4 of Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 7of9 Section 10, T. 8 S., R. 79 W. of the 6th P.M., whence the SE corner of Section 10 bears South 17°37' East, a distance of 364.8 feet, on the East Fork of the Arkansas River in Lake County, Colorado, as said change was confirmed by the District Court in and for Water Division No. 2, in Case No. 91CW028, providing that said water could be diverted at the rate of 1.086 cfs, with an annual volumetric limit of 786 acre feet, to the Colorado River Basin for use and disposition there, without any return flows to the Arkansas River Basin, together with the right to use, reuse and successively use said water to extinction. At such time as the East Fork Pumping Plant described above is fully operational, the Arkansas Well water will no longer be needed and the River District's supply will be obtained from Eagle Park Reservoir. B. Exchange Supply. Pursuant to a Memorandum of Understanding dated effective as of April 21, 1998 (the "MOU") among the City of Aurora, the City of Colorado Springs, the River District, Climax Molybdenum Company, Vail Associates, Inc., the Upper Eagle Regional Water Authority, and the Eagle River Water & Sanitation District; and the Water Exchange Agreement dated June 17, 1998 among Aurora, Colorado Springs, and the Eagle Park Reservoir Company, Aurora and Colorado Springs agreed to make up to 500 acre feet of water available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for up to 800 acre feet of replacement water from the West Slope participants. The River District's 100 shares of Class B stock in the Eagle Park Reservoir Company entitle the River District to up to 100 acre feet per year of consumptive beneficial use water to be derived from fully consumable water annually diverted by and/or stored in the following structures owned and controlled by Aurora and Colorado Springs: (1) Homestake Project. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feet of which is now absolute. This reservoir is located on Homestake Creek with a dam being located whence the NW Corner of Section 31, T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from the East dam abutment and N. 62°25.8' E. 25,746 feet from the West dam abutment. The sources of supply of said Reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. (2) Camp Hale Project. Aurora and Colorado Springs may provide to the River District water released from those surface and ground water storage rights sought by Aurora and Colorado Springs in Cases No. 88CW449 and 95CW272, District Court for Colorado Water Division No. 5. Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 8 of 9 River District Contractors' use of augmentation water from Homestake Reservoir made available through contract or other arrangement with the Eagle Park Reservoir Company shall be dependent upon the continued existence of, and conditions set forth in, the Water Exchange Agreement dated June 17, 1998 between the Cities of Aurora and Colorado Springs and the Eagle Park Reservoir Company, together with any modifications thereto, or constraints thereon, as may be necessitated by the decree entered in Case No. 98CW270, Water Division No. 5. Additional Information for Homestake Project. The detailed descriptions of the structures decreed by the Eagle County District Court in Civil Action No. 1193 for the Homestake Project are set forth below. Structure Amount French Creek Intake. S. 82'18.3' E. 20988 ft. to NW corner Sec. 31, T. 7 S., R. 80 W. Fancy Creek Intake. N. 85°10.5' E. 25280 ft. to NW corner Sec. 31, T. 7 S., R. 80 W. Missouri Creek Intake. N. 77°12.4' E. 28800 ft. to NW corner Sec. 31, T. 7 S., R. 80 W. Sopris Creek Intake. N. 74°7.6' E. 29848 ft. to NW corner Sec. 31, T. 7 S., R. 80 W. 60.1 cfs 38.6 cfs 39.8 cfs 41.3 cfs East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of 70.8 cubic feet per second of time absolute and 189.2 cubic feet per second of time conditional therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a capacity of 260 cubic feet per second of time and total length of approximately 3093 feet. The point of diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest corner of Section 31, T. 7 S., R. 80 W. bears N. 55°40.5' E., 22,917 feet. Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T. 9 S., R. 81 W., 6th P.M. Colorado River Water Projects Enterprise Water Rights Descriptions July 2006 Page 9 of 9 bears S. 15°27'08" E. 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time conditional of water seeping and percolating into Homestake tunnel from former Water District No. 37 areas and 300 cubic feet per second of time absolute from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest corner of Section 10, T. 9 S., R. 81 W., 6th P.M. bears N. 6040'52" E., a distance of 2,173.54 feet. Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, has capacity of 83,338.98 acre feet conditional, is located on Homestake Creek with a dam whence Homestake Peak bears S. 73°26' E. 10,477 feet from the easterly end thereof and S. 74°57' E. 13,347 feet from the westerly end thereof, said dam having a maximum height of 411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit as herein above set forth), East Fork Conduit (the source of this conduit as herein above set forth), the Middle Fork of Homestake Creek and Homestake Creek, and said reservoir has appropriated for storage 83,338.98 acre feet annually from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing Homestake Reservoir has a storage capacity of 43,504.7 acre feet absolute and is located on Homestake Creek with a dam whence the NW Corner of Section 31 T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from the East dam abutment and N. 62025.8' E. 25,746 feet from the West dam abutment, said dam has a maximum height of 265.0 feet and a length of 1996 feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually from said sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. USGS Surface Water data for USA: USGS Surface -Water Monthly Statistics Page 1 of 2 USGS 09095500 COLORADO RIVER NEAR CAMEO, CO. Available data for this site Time -series: Monthly statistics IGOj Mesa County, Colorado Hydrologic Unit Code 14010005 Latitude 39°14'21", Longitude 108°15'56" NAD27 Drainage area 8,050 square miles Contributing drainage area 8,050.00 square miles Gage datum 4,813.73 feet above sea level NGVD29 Output formats HTML table of all data Tab -separated data Reselect output format 00060, Discharge, cubic feet per second, YEAR Monthly mean in cfs (Calculation Period: 1970-01-01 -> 2008-09-30) Period -of -record for statistical calculation restricted by user Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1970 1,708 1,711 1,888 2,589 13,600 14,010 5,897 2,723 3,063 2,777 2,583 2,277 1971 2,248 2,008 2,431 4,916 8,473 14,870 7,337 2,909 2,864 2,447 2,309 2,094 1972 2,066 2,070 2,458 2,936 6,409 11,150 3,567 2,317 2,516 2,661 2,555 2,077 1973 1,894 1,888 2,028 2,038 9,630 13,920 9,185 3,366 2,397 2,421 2,376 2,051 1974 1,991 1,958 2,472 3,109 11,540 11,050 4,655 2,615 2,153 2,213 2,126 1,872 1975 1,769 1,763 2,021 2,590 6,331 12,420 9,127 3,234 2,367 2,284 2,241 1,952 1976 1,875 1,981 2,261 2,707 6,520 7,570 3,470 2,423 2,287 2,252 1,944 1,811 1977 1,715 1,545 1,300 1,841 2,536 2,959 1,828 1,761 1,735 1,589 1,393 1,403 1978 1,299 1,324 1,564 2,892 7,018 14,230 5,850 2,196 1,831 1,764 1,860 1,491 1979 1,349 1,525 1,837 2,891 9,865 15,050 8,404 2,901 2,097 2,147 2,127 1,971 1980 1,804 1,959 2,028 3,168 10,420 14,870 5,363 2,381 2,052 1,876 1,783 1,637 1981 1,369 1,185 1,193 1,880 3,259 5,499 2,403 1,745 1,861 1,892 1,627 1,426 1982 1,529 1,355 1,581 2,282 6,857 11,540 6,674 3,392 2,980 2,802 2,475 1,898 1983 1,696 1,700 1,797 2,214 8,783 23,780 16,280 6,538 2,755 2,494 2,533 2,393 1984 2,230 2,195 2,709 4,148 20,290 25,830 15,450 6,571 4,271 3,732 3,253 3,002 1985 2,621 2,476 2,834 6,377 16,440 17,160 7,190 3,555 2,541 3,205 2,928 2,417 1986 2,375 2,775 3,365 6,883 12,700 16,990 8,401 3,543 3,238 3,427 2,991 2,501 1987 2,158 2,222 2,362 3,730 8,229 7,653 3,077 2,484 2,140 2,046 2,094 1,789 1988 1,668 1,691 1,905 3,118 6,337 7,794 3,005 2,140 2,041 1,733 1,709 1,535 1989 1,475 1,467 1,843 3,239 5,287 5,337 2,816 2,377 1,953 1,903 1,574 1,370 1990 1,202 1,290 1,352 1,882 3,085 6,581 2,998 2,055 1,936 1,883 1,634 1,253 1991 1,385 1,323 1,392 2,060 6,449 9,885 3,958 2,412 2,365 2,002 1,970 1,583 1992 1,392 1,443 1,629 2,642 5,874 4,681 2,891 2,473 2,242 1,865 1,984 1,488 1993 1,389 1,387 1,893 2,993 13,680 15,320 7,941 3,283 2,596 2,432 2,162 1,891 1994 1,849 1,762 2,053 2,845 6,203 6,209 2,394 2,290 2,186 2,046 1,673 1,594 1995 1,521 1,564 1,937 2,321 5,611 19,500 17,060 5,683 3,152 2,778 2,601 2,246 http://waterdata.usgs.gov/nwis/monthly/?referred module=sw&site no=09095500&... 9/9/2009 USGS Surface Water data for USA: USGS Surface -Water Monthly Statistics Page 2 of 2 1996 2,058 2,389 2,790 5,568 12,570 13,830 5,543 2,507 2,399 2,503 2,315 2,005 1997 2,035 1,918 2,748 4,058 13,830 21,610 7,080 5,044 3,618 3,461 2,554 2,381 1998 2,320 2,357 2,774 3,848 10,540 8,963 5,493 3,322 2,586 2,656 2,482 1,967 1999 1,879 1,786 1,801 2,169 5,665 12,800 6,021 3,523 3,084 2,960 2,167 1,757 2000 1,817 1,815 1,889 2,975 7,986 7,225 2,919 2,604 2,406 2,159 1,866 1,644 2001 1,4851,431 1,502 2,319 6,301 5,445 2,747 2,702 2,469 2,058 1,721 1,293 2002 1,329 1,215 1,357 2,214 2,683 2,606 1,699 1,520 1,296 1,341 1,455 1,132 2003 1,081 1,073 1,200 1,723 6,855 8,491 2,774 2,285 2,376 2,335 1,630 1,433 2004 1,273 1,267 1,645 2,164 4,571 4,431 2,427 1,949 2,038 2,239 1,8891,412 2005 1,580 1,333 1,450 2,907 8,05910,440 5,562 2,866 2,701 2,662 2,369 1,850 2006 1,697 1,627 2,042 4,603 9,854 7,812 3,542 2,677 2,705 2,813 2,129 1,683 2007 1,443 1,762 2,502 3,104 7,200 7,461 3,316 2,536 2,665 2,469 1,785 1,803 2008 1,540 1,791 1,889 3,106 10,950 17,170 8,647 3,417 3,025 Mean of monthly Discharge 1,720 1,730 1,990 3,100 8,420 11,400 5,770 2,980 2,490 2,380 2,130 1,830 ** No Incomplete data have been used for statistical calculation http://waterdata.usgs.gov/nwis/monthly/?referred, module=sw&site no=09095 500&... 9/9/2009 170 MarkView - Invoice #998 CRWCD - ENTERPRISE FUND . SUITE #200-201 CENTENNIAL ST. P.O. BOX 1120 GLENWOOD SPRINGS. CO 61602-1120 all To: WILLIAMS PRODUCTION RMT COMPANY STEVEN J SOYCHAK. DIST.MGR PO BOX 370 PARACHUTE, CO 81635 invoice Contract No.: CW 99- to Invoice No.: 998 Invaicc byte Te crus 1 03/02/09 I Due April 1st Gsan!ey Contracted sz c !eel I I!r!m f4 oar Lim!. 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