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<br />I <br />I <br />I <br /> <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br /> <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />ii <br />. <br /> <br />RECEl'TlON NO. . I {/ ol <T ~ ~ J<tW"U~" <br />d : 51J o'CLOCK Pm. fAY tl. ;'\..~:Ci,'. RECOr.r;::P. <br /> <br />BOOK 891p!GE 338 <br /> <br />AGREEMENT <br /> <br />. ,//.[ <br />/ day of <br /> <br />THIS <br /> <br />Jf.1-'/ <br />, <br /> <br />AGREEMENT, made and entered into this <br /> <br />, A.O., 1987, by and between PIONEER WATER AND <br /> <br />IRRIGATIqN, INC., "Pioneer," and TREMONT MUTUAL OITCH CO., <br /> <br />hereinafter referred to as "Trem:>nt," and SNYDER-SMTIH DITCH <br /> <br />CO., hereinafter referred to as "Snyder-Smith," together here- <br /> <br />inafter referred to as "The ditches," <br /> <br />WITNESSETH: <br /> <br />WHEREAS, Pioneer with the c)operation of the Oitches has <br /> <br />filed in the District Court in and for Water Oivision No.1, <br /> <br />State of Colorado, in Case No. <br /> <br />a plan for augmentation <br /> <br />for underground storage rights, surface storage rights, and for <br /> <br />diversion of waters from the South Platte River. <br /> <br />WHEREAS, by virtue of said .,,"oplication the waters diverted <br /> <br />for said plan and uses of Pioneer will require the use of the <br /> <br />diversion works and canal of Trenont from its spillway in the <br /> <br />South Platte River to various points along the Tremont Canal <br /> <br />for delivery to lakes used by PiJneer and for delivery of water <br /> <br />into the Snyder Pioneer lake and thence in to the Snyder-Smith <br /> <br />canal and thence to lakes along the Snyder-Smith Canal. <br /> <br />It is <br /> <br />also the desire of Pioneer to US2 the entire length of both <br /> <br />the canals and the lakes owned by Tremont and Snyder-Smith <br /> <br />systems for recharge purposes wh2n the respective canals and <br /> <br />lakes are not in use by the resp2ctive ditch companies for de- <br /> <br />livery or storage of waters ownej by t~e ditch companies. <br /> <br />NOW, THEREFORE, in consideration of the mutual convenants <br />