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<br />,...:-; .. <br /> <br />.. <br /> <br />.. <br /> <br />EXHIBIT D <br /> <br />(attached to and forming a part of the <br />Water Rights and Real Property Option Contract <br />and Purchase Agreement between <br />LAWMA and S-Bar C Farms, a general partnership) <br /> <br />AFFIDAVIT OF USE <br /> <br />STATE OF COLORADO <br />COUNTY OF Pr<'llJ} er5 <br /> <br />ss <br /> <br />I, Harland Cummings, being first duly sworn upon oath, <br />depose and state as follows: <br /> <br />1. I am over the age of twenty-one years. <br /> <br />2. I am the owner of "The Water Rights" described in <br />Exhibit B to the Water Rights and Real Property Option Contract and <br />Purchase Agreement between myself and LAWMA and have the power and <br />ac.thority to execute an affidavit of historic use and convey <br />interests in The Water Rights. <br /> <br />3. I have owned The Water Rights from 'B - 'J... L./ - ~C[ to <br /> <br />present. <br /> <br />4 . From ~ - ~ l{ - <6 9 to the present The Water Rights <br />were used in connection with "The Land" that I have owned <br />throughout that period; such land is described more fully in <br />Exhibit A attached to the referenced Water Rights and Real Property <br />Option Contract and Purchase Agreement. The Water Ri~hts have <br />historically been used to irrigate approximately i 0 L.{O M/Lacres of <br />The Land identified in Exhibit A. <br /> <br />5. From 'i) - 1 L\. - ~ "\ to the date of this <br />affidavit The Land was,^ dxvot~d to agricultural production, <br />incl uding the growing of n \ hi \ t: '^ I ~ t? ,.. V\ \ W,^ e.<<.T_. <br /> <br />6. From ~ -1,~ - ~ 1 to the date of this <br />affidavit The Water Rights were properly and continuously used to <br />the fullest extent possible. <br /> <br />p - \ <br />