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<br />1~~ 'iLf <; <br />\.J't....u.J..-i.... <br /> <br />183818 11/12/1999 02:04P B: 368 P: 44* <br />Debbie Livengood-Custer County Clerk Colorado <br /> <br />PERPETUAL EASEMENT FOR <br />A MINIMUM POOL <br /> <br />THIS PERPETUAL EASEMENT FOR A MINIMUM POOL (hereinafter "Easement") is <br />made and entered into this 12-"~ay of November, 1999, by DEWEESE-DYE DITCH AND <br />RESERVOIR COMPANY, a Colorado mutual irrigation company and nonprofit corporation <br />whose address Is1411 Walnut Street, Canon City, Colorado 81212 (hereinafter "DeWeese"), <br />and the STATE OF COLORADO acting by and through the DEPARTMENT OF NATURAL <br />RESOURCES for the use and benefit of the DIVISION OF WILDLIFE and WILDLIFE <br />COMMISSION, whose address is 6060 Broadway, Denver, Colorado 80216 (hereinafter <br />"CDOW" or the "State"). <br /> <br />RECITALS <br /> <br />_A. . WHEREAS, DeWeese owns the right tostore wat~r in a water storage reservoir known <br />as DeWeese Reservoir (hereinafter' the "Reservoir"}. The Reservoir is located on Grape Creek, <br />and its present capacity isapproximately4,018-acre~feet 6fvvater, all of which is active and <br />therefore can be drained by gravity into Grape Creek. Grape Creek isa tributary of the <br />Arkansas River. <br /> <br />B. WHEREAS, the Reservoir is approximately located on, around, or within the following <br />property: <br /> <br />Sections 19,20,29 and 30, Township 21 South, Range 72 West, 6th P.M., Custer <br /> <br />County, Colorado. <br /> <br />C. WHE~AS, the axis of the dam that forms the Reservoir intersects the thread of Grape <br />Creek at a point in the NEl/4SWl/4 of Section 20, Township 21 South, Range 72 West, 6th P.M. <br />at a point whence the SE corner of said Section 20 bears approximately South 12 degrees East <br />2350 feet. <br /> <br />D. WHEREAS, the State desires to purchase, and DeWeese desires to sell, a perpetual <br />easement burdening five hundred (500) acre-feet of storage space in the Reservoir (hereinafter <br />the "Minimum Pool"), subject to certain terms and conditions. <br />