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AGREEMENT TO PROVIDE A UGMENTA TION WATER <br /> This AGREEMENT TO PROVIDE AUGMENTATION WATER (hereinafter <br /> "Agreement") is made and entered into this Z,,&t--day of , 200 29' <br /> (hereinafter the "Effective Date"), by and between the STATE OF OLORADO acting by and <br /> through the DEPARTMENT OF NATURAL RESOURCES, for the use and benefit of the <br /> DIVISION OF WILDLIFE and WILDLIFE COMMISSION, whose address is 6060 <br /> Broadway, Denver, Colorado 80216 (hereinafter referred to as "DOW" or the "State"), and <br /> MIDWESTERN FARMS, L-Y,whose mailing address is P.O. Box 246, Wiley, Colorado <br /> 81092 ('-ereina;icr refened to as "N:idWestern Farms"). <br /> RECITALS <br /> A. WHEREAS, MidWestem Farms is the owner of certain real property located in Prowers <br /> County, Colorado, the general location of which is described as follows: <br /> Township 23 South, Ranee 43 West, 6th P.M.: Section 13 <br /> Township 23 South, Ranze 42 West, 6th P.M.: Section 18 <br /> (hereinafter the "Property"); and <br /> B. WHEREAS,MidWestem Farms is in the process of excavating aggregate from the <br /> Property, which will result in the creation of a gravel pit that will expose to the atmosphere <br /> ground water tributary to the Arkansas River (hereinafter the "Gravel Pit"); and <br /> C. WHEREAS, MidWestem Farms will be required by law to replace to the Arkansas River <br /> the evaporative losses of water associated with the Gravel Pit; and <br /> D. WHEREAS, the State owns certain rights to fully consumable water to be delivered and <br /> managed by the Lower Arkansas Water Management Association ("LAWMA") to the Arkansas <br /> River that you' ' -_ used to satisfy MidWestern Farms' obligation to replace evaporative losses <br /> of %. ' associated with the Gravci _i-it "DOW LAWMA `Dater");and <br /> E. _74ERF,AS; the partics. into_ -d to tl:. .r into anoi:Lcr agLeem�+:: )ntemporaneous with <br /> this Agreement whereby MidWestern Farms shall grant to DOW certain access rights to a <br /> portion of the Property (hereinafter the "Access Agreement") in consideration for DOW <br /> providing some of the DOW LAWMA Water to MidWestem Farms in order to satisfy <br /> MidWestern Farms' obligation to replace evaporative losses of water associated with the Gravel <br /> Pit; and <br /> F. WHEREAS,pursuant to the terms of this Agreement, DOW shall provide some of the <br /> DOW LAWMA Water to MidWestern Farms for the purposes mentioned above. <br /> Agreement to Provide Augmentation Water-Granada SWA-Midwest Farms Page 1 of <br />