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<br />'.,1 <br /> <br />- <br />annexation pursuant to the laws of the state of Colorado as <br /> <br />those laws may be applied to statutory towns. <br /> <br />In accordance with the proposed use of the subject <br /> <br />property, Annexor anticipates the construction of a pond not <br /> <br />to exceed ten acres in size. The pond will be fed from <br /> <br />ground water. Construction and maintenance of the pond will <br />require the approval of an augmentation plan by the Weld <br />County District Court to supplement the evaporation of <br /> <br />, <br />ground ,water from the pond. The Towtlagrees that. to '.the <br /> <br />..... """ <br /> <br />extentaugumentation is required for a pond up to a maximum <br />size of ten acres, it shall allow that portion of the water <br />, . <br /> <br />rights described herein to be used in fulfillment of'these <br /> <br />augumentation requirements. Annexor agrees that it shall, <br />at it is sole expense, prepare the appropriate petition in <br /> <br />, " <br />,., , <br />the name of the Town, file the petition with the Weld County <br />District--Court,-and.prosecute the petition to final approval <br /> <br />.of the augmentation plan. <br /> <br />In addition to the foregoing, Annexor agrees that as a <br />condition of approval of any development of the. subject <br />property, it shall dedicate to th~ Town such water rights as <br />may be required by the Windsor Municipal Code and rules and <br /> <br />regulations adopted in accordance therewith. Where <br /> <br />appropriate, Annexor may receive credits for the conveyance. <br /> <br />of water rights as set forth in this paragraph. <br /> <br />C. . LEASE BACK OF WATER Rl~HTS. The Town hereby agrees that for <br /> <br />, <br /> <br />the sum of One Hundred Dollars {$lOO.OOI per year, together <br /> <br />-with reimbursement for aT!. s'ums -whiCh the Town hereafter is <br /> <br />required to pay to Kern Reservoir and Ditch Company for the <br />8 <br />