Feb 4, 2013 Meeting w/ Notes

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2, The USBR acknowledges that in the Deed, the CWCB reserved to the CDPHE, the DOE,
I their employees, agents and contractors (a) the right of access to the Property as may be
essary to complete activities under the UMTRCA and for other lawful purposes; and (b) the
t to use the V.C.A.- Animas Pipeline Water Right Priority No. 1968 -1, described above, as
be necessary to perform ground water remediation and any other activities as may be
ssary to fulfill the requirements of UMTRCA, until such time as the CDPHE and the DOE
rmine that all remedial activities are complete.
The USBR covenants (i) not to use the Property for any purpose other than public
pur
se as required by UMTRCA, 42 U.S.C. § 7941 et sea., as amended; (ii) not to use ground
war from, the site for any purpose and not to construct wells or any means of exposing ground
wat to the surface, unless prior written approval is given by the CDPHE and the DOE; (iii) not
to tr nsfer the Property to anyone other than a governmental entity within the State of Colorado;
(iv) of to perform construction of any kind on the Property unless prior written approval of
cons ction plans, designs and specifications is given by the CDPHE and the DOE; (v) that any
habit ble structures constructed on the Property shall employ a radon ventilation system or other
rado mitigation measures; and (vi) that Grantee's use of the Property shall not adversely impact
groun water quality nor interfere with ground water remediation under UMTRCA.
4. The CWCB, its contractors, agents, or employees shall not be liable to the United States,
its ag ts, employees, assignees, subtenants, invitees, patrons or any other person whomsoever,
for inj ry to or death of any person or damage to or loss of property in, upon or adjacent to the
I s bject to the Easement which may arise by reason of or in connection with the USBR's
and
ment, use or occupancy of the subject land during the term hereof, nor the development,
use or ccupancy thereof by any persons doing so by, through or under the USBR or with its
pernus on, express or implied.
5. hese covenants are made in favor and to the benefit of the CWCB and the CDPHE, shall
run wit the land and be binding upon the USBR and its successors and assigns, and shall be
enforce ble by the CWCB and the CDPHE and their successors and assigns.
91
pro
or i
he USBR acknowledges it has read the Land Annotation attached as Exhibit C, that the
was once used as a uranium milling site, and that the CWCB makes no representations
a ties that the property is suitable for the USBR's purposes.
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