C150150 Contract

• Contract/PO #: C150150
• Contractor Name: Lower Arkansas Water Management Association
• Contract Type: Loan
• Water District: 67
• County: Bent
• Loan Projects - Doc Type: Contract Documents

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a. Purchaser's possession and use of the water attributable to the
Keesee Water Rights from April 1, 2003 through October 31, 2003
will not be disturbed by Seller or anyone claiming by, through or
under Seller. Purchaser shall use the Keesee Water Rights in
,
accordance with applicable laws, rules and regulations. Purchaser
shall be responsible for all necessary measurements, gauge
readings, notifications, calculations and accounting of diversions
and depletions required by the Colorado State Engineer in
connection with Purchaser's use of the Keesee Water Rights.

b. From April 1, 2003 through October 31, 2003, Seller, its
successors, assigns, licensees, lessees, agents, or employees shall
not irrigate, with any surface or ground water, the Land described
. in Exhibit A, attached hereto and incorporated herein. Seller
agrees to cooperate with Purchaser in taking the necessary steps, as
may be required by the Colorado State Engineer, to eliminate any
subirrigation on the Land from April 1, 2003 through October 31,
2003, but said steps shall not include killing of the alfalfa presently
growing on the Land.

1.8 Purchaser's Use of Seller's Retained Interest in the Keesee Water Rights.
Seller agrees that if Purchaser closes the purchase of the Water Assets then Purchaser shall have
the right to the undisturbed possession and use of the water attributable to Seller's retained
interest in the Keesee Water Rights (hereinafter referred to as the "Retained Keesee Water
Rights"), described as follows, from April 1, 2004 through October 31,2004:

a. Four and one-half cubic feet per second (4.5 cfs) ofa total of nine
cubic feet per second (9 cfs) decreed to the Keesee Ditch by the
Bent County District Court on July I, 1895 in the original
adjudication proceeding in Water District No. 67, with an
appropriation date of March 13, 1871 representing Priority No.1 in
the Water District No. 67.

b. Two and one-quarter cubic feet per second (2.25 cfs) of a total of
four and one-half cubic feet per second (4.5 cfs) decreed to the
Keesee Ditch by the Bent County District Court on July 1, 1895 in
the original adjudication proceeding in Water District No. 67, with
an appropriation date of December 31, 1883 representing Priority
No.4 in the Water District No. 67.

c. Seven and one-half cubic feet per second (7.5 cfs) of a total of
fifteen cubic feet per second (15 cfs) decreed to the Keesee Ditch
by the Bent County District Court on October 14, 1918 with an
appropriation date of September 3, 1893.

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