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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1'1...~&'" ..v'. ....... .....v_n___

i: SS- O'CLOCK A.m. FAY A. JOHNSON, RECORDER

800K :JU~r~{jE O~'l

AGREEMENT

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TH I S AGREEMENT, made and entered ~nto th~s a. ~ day of
~ . A.D., 1988, by and between LOWER PLATTE AND REAVER
CANAL CO., here~nafter referred to as "LOWER" and PIONEER WATER AND
IRRIGATION, INC., here~nafter referred to as "PIONEER".

WITNESSETH:

WHEREAS, LOI~ER LS rhe owner and operator of a ri.ver d~versi.on
dam hereinafter referred to as "d~vers~on", wh~ch ~s Located On rhe
South Plat fe. R.i.ver- Ln Morgan County. CoLorado. Ln the SE quarter sec-
ti.Oll of Secti.on 25, Townshi.p 4 North, Range 57 West of the 6th P.M., and

WIII';RE..\S, PIONEER has acquLred a decree from DLstrLct One Water
Co"rt .Jr wah,r rLghts from the South PLatte whLch are to be dLverted
fro", 5"i.d dLversion, and

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WHERE.'\S, PIONEER has s~gned agreements w~th the Tremont MutuaL
D~tch Co. hereLnafter referred to as "TREMONT". and the Snyder-SmLth
Ditch Co., he"':einafter referred to as "SNYDER", for the transportat~on
of sai.d water rights ro faciLit~es owned or Leased by PIONEER AND,

WHEREAS, TREMONT and SNYDER have separate agreements with LOWER
for- tll<' di.versioll of water ri.ghts owned by TRE~10NT and SNYDER, and

1~"ERr::AS. it is the desi.re of PIONEER ro dLvert water from the
So"l'h PLatte Ri.ver usi.ng the d~version of L01~ER.

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N()~~. f11EREFORE, Ln cons~derati.on of the mutuaL covenants and
c')lldi..l:i.on~ .15 herei..naft:cr set forth, the parti.es heretu agre(.o as
FoLl.o..s:

1. PIONEER shalL be permi.tted to di.vert water from sai.d divcrsi.on
a..c(weling to the terms of rheir decree and the terms of the contracts
be I wee" P: ONEER and TRE~10NT and PIONEER and SNYDER.

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2. TRE\10NT has obligated i.tseLf for one-f~fteenth (1/15) of the
operationaL and maintenance costs (excLusLve of headgate man) and
~jNYDEr~ has obLi.l;ated i.tseLf through the offices of the TREMONT for
Lwo-fij'teenths (2/15) of the operationaL and maintenance costs (excLu-
SL"" of e"['ellse of headgate man) of sai.d diversion dam.

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3. IN ADDITION, PIONEER w~Ll be obligated for ten percent (10%)
of the operationaL and ma~ntenance costs (excLusive of expense of head-
gate mall) of said diversi.on dam. In the event the annuaL assessment
due under thLs provLsion exceeds the sum of one thousand doLlars
($1,000), th<:n written approvaL of such expenditures must be obtai.ned
frolO PIONEER prLor to such expendi.ture.
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~. THIS CONTRACT may be termLnated by ei..ther party wLth 24 months
12 year~) notLce of intent to do so.

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