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the State Engineer with respect to the safety of the reservoir), and Buyer <br />agrees to a covenant that shall run with the Holy Joe Reservoir water right <br />that prohibits any owner thereof from interfering with said reserved right <br />and covenant; provided that neither Buyer nar any Buyer's successors and <br />assigns with respect to the Holy Joe Reservoir water right shall be required <br />to incur any expense or take any affirmative action to preserve said <br />reserved right. This reserved right and covenant does not, however, allow <br />for any use of water outside of the Holy Joe Reservoir itself or for <br />irrigation purposes and shall always be subject to the Ground Water Basin <br />Covenant. The reserved rights and covenants in this Section 9(a) (the <br />"Hol}~Joe Reservation") shall be evidenced by a recordable document <br />executed by Buyer, in a form consistent herewith and reasonably <br />acceptable to Buyer and James Guercio, and shall be binding upon Buyer <br />and Buyer's successors and assigns with respect to the Holy Joe Reservoir <br />water right, and the benefit thereof shall run with the Holy Joe Reservoir. <br />Although all infrastructure ,including any outlet works, spillways and <br />staff gauges ,related to the Holy Joe Reservoir shall be conveyed to Buyer <br />at Closing as part of the Water Rights: (i) neither Buyer nor its successors <br />and assigns with respect to the E-loly Joe Reservoir water right shall have <br />any obligation to operate repair, replace or maintain such infrastructure, <br />and (ii) James Guercio and his successors and assigns shall have the <br />continuing right, at their sole cost, expense, risk and liability, to operate, <br />maintain and replace such infrastructure as needed to maintain the Holy <br />Joe Reservation for so long as they desire to keep the Reservation. <br />(b) Cattle Watering Right. Wray Ranch, Richard R. Gelvin and Karen J. <br />Minton have historically watered cattle from the Pioneer Ditch on the <br />properties described in Exhibit C hereto and the Parties hereto <br />acknowledge and support their right to continue to do so subject to <br />approval by the Pioneer-NEB in a form reasonably acceptable to Buyer <br />and said individual Sellers (the "Cattle Watering Right"). The Cattle <br />Watering Right shall not allow Sellers to request diversions at the Pioneer <br />Ditch and shall always be subject to the Ground Water Basin Covenant. If <br />for any reason the Cattle Watering Right cannot be reasonably satisfied <br />from the Pioneer Ditch, then the Parties acknowledge and support the <br />ability of the beneficiaries of the Cattle Water Right to supply the Cattle <br />Watering Right by any and all other lawful means including water from <br />the North Fork of the Republican River, small-capacity wells, springs, <br />livestock water tanks and/or other sources. Notwithstanding anything to <br />the contrary herein, Buyer shall not be required to incur any cost or <br />expense or to supply any water in connection with the satisfaction of the <br />Cattle Watering Right. For Wray Ranch, the source of the Cattle Watering <br />Right shall also include his existing pond and, if needed, diversions for <br />incidental livestock use under the Wilson # 1 as limited by the Wilson Use <br />Covenant. The Cattle Watering Right shall run with the land owned by <br />the above-listed Sellers. <br />u~auais~z33z.ii 11 <br />12368\111204400.5 Attachment 1 - 11 <br />