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a iiiiiiii~iiiiiiiiiis~ii~iiiiiiiiiiiiiii~~~ii~~~~~~~~~~~ 814512 01/08/2004 11:48A B1167 P577 F. JOHNSON 1 of 5 R 26.00 D 0.00 Morgan County, CO LOWER PLATTE-QUINT PIPELINE AND EASEMENT AGREEMENT THIS AGREEMENT, effective this b ~ day of /~ ~ c ~ ~ ~ ~ ~- 2003, is by and between the LOWER PLATTE AND BEAVER CANAL COMPANY ("Lower Platte") and VICTOR J. and MARGIE J. QUINT ("Quint") (collectively the "Parties"). A. Lower Platte owns and operates the Lower Platte canal system in Morgan and Washington Counties ("Lower Platte"), and also owns and operates an augmentation plan and recharge project. B. Quint owns real property located in Sections 13 and 24, Township 5 North, Range 55 West in Morgan Comity, and Sections 18 and 19, Township 5 North, Range 54 West in Washington County ("Quint Property"l, Quint also owns and operates or intends to develop, own, and operate augmentation plans and recharge projects by virtue of the use of water or water rights developed under the terms of this agreement. In this connection Quint intends to develop, own, and operate its own and separate augmentation or recharge pond or parcels 7 acres more or less in the SW'/a of Section 18, Township 5 North, Range 54 West of the 6~' P.M., and NW'/4, Section 19, Township 5 North, Range 54 West of the 6th P.M., hereinafter referred to as ("Quint Pond"). C. Quint owns and operates a recharge well situated in Section 13, Township 5 North, Range 55 West of the 6th P.M., known and designated as Well Permit #592717. Said Well shall continue to be owned, operated, and maintained solely by Quint, hereinafter designated as the ("Quint Well"). Lower Platte has drilled its own recharge well approximately 600 feet west of the Quint Well, Well. #60156F, which well will be owned, operated, and maintained solely by Lower Platte. Lower will construct, operate, and maintain a 15 inch pipeline at its sole cost connecting and joining its well to the discharge from the Quint Well. D. The parties shall jointly construct or replace as necessary a 21 inch pipeline over and across Quint's lands in Section 13, Township 5 North, Range 55 West of the 6th P.M., and the W'/2 of Section 18, Township 5 North, Range 54 West of the 6~' P.M., to the "Quint Pond''. Quint and Lower Platte agree that they shall be responsible for their pro rata share of the Plains Irrigation invoices as billed and approved by both parties, as of this date, for the construction of the said 21 inch pipeline. The costs of repair and maintenance of said pipeline after construction shall be borne solely by Lower Platte. In the event that any portion of the pipeline needs to be replaced for any reason, including damages from flooding or high water, the cost thereof shall be shared equally between the parties. Also the costs of construction of that portion of pipeline crossing the intake canal of the Prewitt Reservoir shall be shared equally by the parties. E. Quint shall construct, operate, and maintain an appropriate outlet from said pipeline to discharge any and all waters produced and developed from the Quint Well into the