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<br />Feb.-160401:17p <br /> <br />Ga"'~ Hettin~e,.. <br /> <br />(970) 25S-0644 <br /> <br />p.2 <br /> <br />ThiSdocump. t. .. <br />AGREEM . to the ~n IS Incor[Jorated <br />contract b'y . f <br />~ . re erence <br /> <br />THIS AGREEMENT, is made and entered into this bday of May, 2001 by and <br />betweenthe Farmers' Pawnee Canal Company, whose address is 16911 County Road 39. <br />Sterling, Colorado, hereinafter referred to as the "Company,"and Hettinger Farm and <br />Ranch, whose address is !l> y 5'?~/i~() hereinafter referred to as "Landowner." <br />~J~ BC79/ <br />.WITNESSETH: <br /> <br />WHEREAS. the Company desires to develop recharge pursuant to it's Application <br />filed and Decree to be entered in Water Court, Water Division Nil 1, Case Nil 95-CW-263; <br />and, <br /> <br />WHEREAS, Landowner owns property in the . IV/A , Section 2. Township-'- <br />North, Range 53 West of the 61h P.M. Logan County, Colorado, which can be used asa <br />recharge site and which Landowner is willing to make available for the Company's <br />recharge purposes on the terms and conditions of this Agreement. <br /> <br />NOW, THEREFORE, in consideration ofthe premises and the mutual promises and <br />covenants of the parties hereto, IT IS AGREED AS FOLLOWS; <br />. #A <br />Landowne~~ that Company may use ~l>acres of the ~ It ,Section___7 <br />T9wnship . h, RangeS.:? West 01 the 6111 P.M. logan County,.Colorado for <br />a recharge sit , which shall hereafter be referred to as the' "property." The <br />approximate location of the acres is shown on a map attached hereto as Exhibit 1. <br /> <br />1. <br /> <br />2. The water to be recharged will be delivered by the' Company, pursuant to the <br />Application and Decree in Case Nil 95-CW-263, at such times and in such amounts <br />as water j~ avai~able, in the sole discretion of th~ CO"lPa(lY. The point o! delivery <br />from the ditch Will be J.}c."d'iQJ.}~ (St-t-t!. ~) . The operation ofthe <br />ditch shall remain under the sole control and authority of the Company- The <br />Company makes no promises to Landowner as to the amount of water that will <br />actually recharge into the underlying aquifer. <br /> <br />3. The Company agrees to install a clock and stilling well at the inlet to the recharge <br />site and to maintain the same. The Company shall also install all pipe necessary <br />to divert water to the recharge site. Landowner shall pay 1/3 ofthe cost ofthe clock. <br />stilling well and pipe and 1/3 of any installation or construction costs for the same <br />which is estimated to be approximately $3,100.00. The Landowner's share shall be <br />paid by the Company and the Company shall be repaid by the Landown~r by <br />offsetting the amounts due Landowner from the Company under ~6 until the <br />Landowner's share is fully paid. The amount due from Landowner to the Company <br />shall bear no interest for the first 12 months from the date payment is made by the <br />.Company 10 the contractor for Landowner's share. but thereafter shall bear interest <br /> <br />F:\KIM\Farmtr. Pawnlle\RlIChllrve Agreement Htnlnger.wpd <br /> <br />, <br /> <br />E0 39'ii'd <br /> <br />IZN3n9 <br /> <br />lJ::.q7.-7.7.C-Cl/J::. <br /> <br />J::.T~J::.T bClCl7.ITT/J::.Cl <br />