C153726 Feasibility Study

• Contract/PO #: C153726
• Contractor Name: Tremont Mutual Ditch Company
• Contract Type: Loan
• Water District: 1
• County: Morgan
• Bill Number: SPL
• Loan Projects - Doc Type: Feasibility Study

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A G R ~ E MEN T

!HIS AGREEMENT ~acc and entered into this

" .II~
Ie .'-- day of

January, 1969, by and between the LOI'IER PLATTE AND BEAVER CA.'lAL
OOV~ANY, a Colorado corporation, he=einafter referred to as
LOWER PLATTE, and !HE SNYDER DITCH AN::! RESERVOIR' COMP ;'1'IY, a
Colorado corporation and Tr.: A. A. S~ITH IRRlGATI~G CANAL,
RESERVOIR, MINING A~D PIPELI~E CCl.?A~Y, a Colorado corporation,
hereinafter jointly referred..to as S.'l.lTH-S~YDER,

WITNESSEPi:

~IHEREAS, Lower Pl&tte maint~ins a-dam and diversion works

in and on the South Platte River in the Southeast Quarter (SE/4)
0: Section Twenty-five (25), To.mship Pour (4) ~orth, Range
Fifty.seven (57) West 0: the Sixth (6th) Principal Meridian,
"Morgan County, Colorado, with which to impound and divert wate:
from said river, and
~MEREAS, the Smith-Snyder has enter~d into an ~9reeQent
with the Tremont Mutual Ditch Co~p~nYt a Colorado corporation,
to u~e ~hij headsate. divc=~ion works and canal of the said

Tremont Mutual Ditch Co~pany for divertin9 and delivering soie

Smith-Snyder water into the said Smith-Snyder Ditch located

approximately 4~ ~iles downstrau~, ~nd

\'friEREAS, The n. A. Sffiith !rri~J~iilg Canal r Rcsa:voir, ~,E.1.:.....g

and Pipeline Company is the owner of Dcc:ee No. 33 dated Jcn~ 15,

1887, for 20 cubic feet of w~tc~ p~r s~cond of ti~~ w~ich ~cc=cc

precedes a~portion of the decreed prio=ities of the said Lowe:

Platte; but, due to nor~al return flow to the South Platte River

did not previously effect the priority or decree of s;id low~r

Platte.

WriEREAS, the Lower Platte has Ggreed to consent to said

Smith-Snyder's change oi point of diversion and further to cain-

tain a still water pond up rivar from its dam to a sufficient

height to allow delivery of th~ Said Smith-Snyder water p=ioritias

PETITIONERS' EXHIBIT U - C~SO No. 17282