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<br />F@~..lS 04 01: 18p <br /> <br />6. <br /> <br />7. <br /> <br />8. <br /> <br />9. <br /> <br />10. <br /> <br />11. <br /> <br />Gar~ Het.ting@r <br /> <br />(970) 258-0844 <br /> <br />p.3 <br /> <br />4. <br /> <br />This document is incorpo'"ated <br />into the contract by reference. <br /> <br />at 4% per year. Any device or structure installed in the ditch by Company shall <br />remain the property of Company and Company shall be entitled to remove the same <br />upon termination of this agreement. <br /> <br />Landowner agrees to construct berms as necessary to contine the water and shaH <br />be responsible for all maintenance of the recharge site, including weed control and <br />dust control. Company shall have the right to perform. at it's own cost. such <br />maintenance on the site as necessary, subject to Landowner's prior approval. <br />Landowner shall insure that no person or party is diverting the Company's water out <br />of the site. <br /> <br />5. <br /> <br />The Company shall be entitled to all recharge credits generated from the recharge <br />pond by recharge of the Company water. <br /> <br />As consideration for use ofthe property Landowner shaH be entitJed to be paid by <br />the Company for 50% of the recharge credits generated by use of the recharge <br />pond. The Company shall pay landowner the same payment per acre foot of <br />r~.charge as is paid by GASP for recharge. <br /> <br />In order for recharged water to be qualified as a credit, it must be accepted by the <br />Division Engineer and State Engineer. The Company shall keep records of the <br />amount of water recharged into the recharge pond and shall submit It's records to <br />the Division Engtneerand State Engineer to obtain approval of the recharge credits. <br /> <br />The amount due Landowner shall be payable annually in March of each year based <br />on the amount of water annually recharged the prior water year, which is the period <br />November 1 to October 31. . .: <br /> <br />Landowner agrees to allow the Company to use the property asa waste way or <br />tailing pond when adequate storage is available therein to empty or relieve the <br />Farmers' Pawnee Canal in event of an emergency situation, such as a thunderstorm <br />when the canal may be at capacity. No compensation will be paid for such use <br />unless the Company receives recharge credit for the water discharged into the <br />recharge pond. <br /> <br />Company's rights granted herein to use the recharge site for recharge purposes <br />shall be considered prior to the rights of any other users to use the recharge site <br />subsequentto the date ofthis agreement for similar purposes. Landowner shall not <br />contract with other water users to use the recharge site for the same or similar <br />purposes and Company shall be entitled to use any increased capacity at the site. <br /> <br />If any disagreement should arise between the parties with respect to the payment <br />,described in 1['s 6,7 or 8, such disagreement shall be decided by binding arbitration <br />as described herein. The Company shall select one arbitrator and Landowner shaU <br />~.rlect one arbitrator. The selections shall be made within 10 days after written <br /> <br />F:\KIM\Fs,merJ Pawnet\AechergeAVreelTlsnt "'tt"llnger.wpd <br /> <br />2 <br /> <br />Pia 39t1d <br /> <br />IZN::Jn!=) <br /> <br />I I=.Q7-77C:-ClI I=. <br /> <br />I=.T:I=.T bClCl7/TT/I=.Cl <br />