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408323 02-22-2017 Page 4 of 16 <br /> construct a pipeline of adequate capacity for the delivery of the water for Rialm and the District <br /> to their respective places of use. <br /> B. Water Transni ssion Pipelines. Rialm Grants to the District the use of <br /> --------------------- <br /> Rialm's ditch easement for the Burns Ditch No. 2 from the heady*ate of said ditch on the river to <br /> the Sheep Mountain Property. and also grants non-exclusive easements across the Sheep <br /> Mountain Property, all for the construction, operation, maintenance. and repair of buried Water <br /> Transmission Pipelines (1) from the Bairns Ditch No. 2 to the Reservoir, (2) tram the Reservoir <br /> back to the 1-filerfano River, and (3) frorn the Pump Station to the Reservoir. The Water <br /> Transmission Pipeline easements shall extend twenty feet in width for ten feet in each direction <br /> frorn the centerline of the pipeline, except for areas as based on future engineering where the <br /> width of the easement may need to be up to thirty feet due to the depth of the buried pipeline. <br /> The Water 'Transmission Pipeline tilling the Reservoir from the Burns Ditch No. 2, if <br /> implemented, shall be installed within or parallel to the existingBurns Ditch No. 2' where <br /> reasonably practical. The parties may in their discretion mutually agree in the future to improve <br /> the Burns Ditch No. 2 as an open ditch structure. The gencral location ofthe Pipeline Easements <br /> from the Pump Station to the Reservoir and from the Reservoir back to the l-luerfano Diver is <br /> shown on Exhibit B. <br /> C. Protection, fRiahn Water Use and Irrigation Practices. The District shall <br /> not at any tune intertere with Rialm's legal diversion and use of its water rights tinder Priority <br /> Nils. 13, 22, and 32 to the Burns Ditch No. 2. The installation of any pipeline over Rialrn's <br /> irrigated fields shall be done after the irrigation season ends and Rialm has cut and removed its <br /> hay crop. The improvements made to the Burns Ditch No. 2 under paragraphs A and B above, if <br /> implemented by the District, shall be constructed and maintained by the District so that the full <br /> legal entitlement of Rialrn cinder the existing Burns ditch No. 2 Water rights call be diverted at <br /> the head4ate and delivered down the ditch, less normal and incidental losses, to Rialm's initial <br /> place of use upon the historical irrigated Sheep Mountain Property. At this time, the initial place <br /> Of use is the existing purnping pond holding water for delivery through its center pivot irrigation. <br /> Regardless of whether the improvements to the Burns Ditch No. 2 is implemented by the <br /> District, the District at the time of the construction of the: District's pipelines shall for the benefit <br /> of Rialrn install a pipeline from the existing ditch upon the Sheep 110ountain Property to Rialm's <br /> existing pipeline that serves the lower irrigated field as shown: on Exhibit B. Rialm shall <br /> thereafter be the owner of this pipeline and responsible fcr its maintenance. <br /> D. Potential Agreement,with Other Owner. The District's construction and <br /> use of the non-exclusive easement Tor the Water Transiriissiori Pipeline from the headgate of the <br /> Burns Ditch No. 2 to the: Reservoir under paragraph 3.A. above shall be subject to the District <br /> obtaining the consent of the other owner(s) of water rights in the Burns Ditch No. 2 for the <br /> District's shared use of the Burris Ditch No. 2 and for the construction and maintenance of that <br /> portion of the Water'Transmission Pipeline by the District. Such consent may or may not be able <br /> to be obtained in the future. At the present time the other owner in the Burns Ditch No. 2. Lucy <br /> 1-tibberd, has refused to give such consent. Given this circumstance, the District's means to fill <br /> the Reservoir at this time consists only of the Pump Station. <br /> 4 <br /> 105 <br />