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subsection (b) is subject to the continued effectiveness of the CRWCD Contract, and is further <br />subject to all terms, conditions and limitations set forth in the CRWCD Contract, as it may <br />subsequently be amended from time to time. <br />(c) Water Contracts. Kirkland acknowledges that it has received copies of <br />the Bureau Contract and the CRWCD Contract, and tfiat`the. Amendment has not yet been made <br />available by the Bureau for review. Kirkland accepts and shall, abide by all terms and conditions <br />of the, Water Contracts, and shall perform all, obligations of BVR pursuant to such contracts <br />(including, without limitation, required measurement of all water used pursuant to such contracts <br />and maintenance and submittal of all required records), as they may be amended from time to <br />time, in connection with Kirkland''s use of the Bureau Industrial Water and the CRWCD Water. <br />In connection with the CRWCD Water, Kirkland's use shall be subject in all respects to the <br />continued effectiveness of the Division Engineer's approval of the Administrative Exchange and <br />to the Exchange Approval Terms, as may be amended from time to time. <br />(d) No Discharge of Water, Disposal. Kirkland shall not use any water or the <br />Subject Site for material wash operations, unless Kirkland submits to BVR and Galloway SG for <br />their respective approval an aggregate material wash plan, which plan shall also be approved by <br />Grand County and shall address compliance with all local and state permitting and legal <br />requirements. Such plan shall not include, as any component of aggregate material washing <br />process, the use of flocculents or other chemicals. BVR and Galloway SG may withhold or <br />condition: their respective approvals in their discretion. Kirkland shall not discharge any water <br />used pursuant to this Agreement or used on the Subject Site in a manner that would require a <br />permit or that would otherwise be in violation or applicable law. All water used in connection <br />with the Operations or otherwise shall be disposed of by Kirkland in accordance with all <br />applicable laws. <br />2. Installation of Pumping Equipment and Water Pipeline. Galloway SG hereby <br />grants to Kirkland a limited, revocable license to .installbn the Property (a) water pump facilities <br />necessary�to divert Bureau Industrial Water or CRWCD Water from the Blue River to the extent <br />allowed ,pursuant to the Water Contracts, the Exchange Approval Terms, applicable law and <br />other applicable restrictions; and (b) water pipelines and related facilities to transport such water <br />to the Subject Site. Prior to installation of any such facilities, Kirkland shall submit to Galloway <br />SG for its approval a site plan depicting the proposed location and setting forth the specifications <br />of all such facilities. Such plan shall site all proposed facilities in a manner so as to minimize <br />any impact to BVR's or Galloway SG's use of the Property. Galloway SG may condition its <br />approval in its discretion. Furthermore, subsequent to installation, Galloway SG may require <br />Kirkland to relocate such facilities; provided, however, that any such relocation for the <br />convenience of Galloway SG "shall be at Galloway SG's expense. Kirkland shall be responsible, <br />at its own expense, for installation, repair, operation 'and maintenance of all such facilities. <br />Kirkland shall be solely responsible to apply for and obtain any permits or other governmental <br />authorizations necessary for construction and operation of the water pump facilities and water <br />pipelines and related facilities. <br />3. Construction of Storage Reservoir. Galloway SG hereby grants to Kirkland a <br />limited, revocable license to construct, operate and maintain on the Subject Site a storage <br />21043933 <br />