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<br /> <br />. <br />. <br /> <br />e <br /> <br />WHEREAS, all owners of water rights in the Ditch, except one, have verbally agreed to <br />seIl their water and ditch easement rights to the Council; and <br /> <br />WHEREAS, the Council has received approval from the Colorado Department of Public <br />Health and Environment ("CDPHE") to purchase the Carbon Lake Ditch water right for $50,000 <br />under Colorado's Non-Point Source (319) Program. Funds are also available for the instaIlatioo, <br />if needed, ofa smaIl pipe to convey any unsold water rights in the Ditch as well as to perform <br />other cleanup activities in the immediate area. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the San Juan Resource Conservation and <br />Development Council agrees to purchase for $50,000 the Carbon Lake Ditch water right, subject <br />to the written agreement of the owners of at least 80% of the watertight to sell and the <br />agreement of the CWCB to accept donation of the water right for a CWCB instream flow in the <br />Mineral Creek Basin. <br /> <br />BE IT FURTHER RESOLVED that the Council will enter into a donation agreement <br />with the CWCB similar to that attached hereto as Exhibit "A." <br /> <br />BE IT FURTHER RESOLVED that, if the Council cannot purchase any Carbon Lake <br />Ditch water right, ARSG will have constructed, with CDPHE funds, a portion of the pipeline to <br />convey that portion of the water right through the area of the San Antonio Mine and the Council <br />will enter into an agreement with the owner of such water right for the maintenance of the <br />e pipeline. <br /> <br />BE IT FURTHER RESOLVED that the Council or its designee will retain majority <br />ownership of the easement for the Carbon Lake Ditch across private property to ensure <br />compliance of any remaining Ditch water right owner with the conveyance of Ditch water across <br />the Mine property only in a pipeline. <br /> <br />SIGNED this _ day of March, 2001. <br /> <br />Lee _ Campbell, President <br /> <br />This Resolution was passed at meeting of the Board of Directors of the San Juan <br />Resource Conservation and Development Council on March -' 2001, by a vote of _ for' <br />and _ against. <br /> <br />, Secretary <br /> <br />H:\eabISWWB\CarbonLake\Res-SJRCDC.doc0311 510 1 <br /> <br />e <br /> <br />2 <br />