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<br />, <br /> <br />~ <br /> <br />, <br /> <br />. <br /> <br />~ <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />~ <br /> <br />"~'...'.? '.r . .,' . ;;,::.- ....-. .. K. C"h\",,;h;. 1.::...vnJi.f <br />_ U"\.LI.....A__U. "" <br /> <br />BOlJJ( lJ:JiJ fA&('l1 <br /> <br />AGREEMENT <br /> <br />, <br />, <br /> <br />TIllS AGREEMENT made in duplicate and ~ntered into by and be... <br /> <br />tween Lower Platte and Bea.ver Canal ~ompany. a Colorado corporation. <br /> <br />hereinaCter rcCcrred to as Lower Platte. and Tremont Mutual Ditch <br /> <br />Company, a Colorado corporation.., hereinafter rcCerred to a5 Tremont. <br /> <br />WITNESSETH: <br /> <br />WHEREAS. Lower Platte maintains a dam and di\"ersion works in <br /> <br />and, on 'the South PJ"'Ue River in the Southeast Quarter (SE1/4) of Section <br /> <br />Twenty_five (l5J. Township Four (4) North. Range Fifty-seven (57) West <br /> <br />o( the Sixth (6th) Principal Meridian. Morgan County. Colorado, with which <br /> <br />to impound and divert water from said ther; and <br /> <br />WHEREJt.S. Tremont owns the TremOnt ditch which heads on the <br /> <br />north bank of the South Platte River ilnd take'S water from the said river <br /> <br />to {ill Tremont's water right:; and decrees but which was also used by <br /> <br />the Water Com~issioner of Colorado to dclh'cr do\~'nstrcam C.1US of watcr <br /> <br />around the works of Lowcr Platte, which worked to the disad\"ant:l:ge of <br /> <br />Lower Platte by causing the Joss of the (low of the ri\"er throut;h its works: <br /> <br />and <br /> <br />WHEREAS the works of both parties were a!fccted by the 1965 floods <br /> <br />of the South Platte River and it is pow feasible lor Tremont to rebuild its <br /> <br />canal 80 as to eliminate the portion which allowed deth:ery of river water <br /> <br />around the \Yorks of Lower Platte, provided Lower Platte maintains the <br /> <br />still water pond up river Irom its dam at a sufficient height to allow de_ <br /> <br />livery !rom the river into Tremont's canal: and <br /> <br />WHEREAS. Lower Platte bas agreed that it would so m4intain the <br /> <br />still water po~d and Tremont has commenced reconstruction of its canal <br /> <br />80 as to take water !rom such pond and eliminate the section oI its canal <br /> <br />which allowed deU\lery of water down river around tbe works of Lower <br /> <br />Platte. <br /> <br />-1- <br /> <br />A. <br />