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EO <br />BOOK 566 pbcE314 <br />reclamation obligations, and (ii) the State has commenced <br />utilizing the Leased Water to reclaim all or a part of the <br />acres of land disturbed by reason of mining operations carried <br />out pursuant to the Permit; provided, however, the State's <br />reclamation activities must be commenced within a reasonable <br />period of time; and, provided further, in the event there is no <br />water available in any given year to permit the diversion of <br />the Leased Water or any portion thereof, such a year shall not <br />be considered- for purposes of determining the term of this <br />Lease. <br />(b) Notwithstanding the provisions of Section <br />2(a) above, this Lease shall automatically expire at such time <br />as the reclamation obligations under the Permit have been <br />completed. <br />(c) Notice of the occurrence of the events set <br />forth in Section 2(a)(i) and (ii) above must be provided by the <br />State to Owners within 30 days of the occurrence of such <br />events. <br />3. Rent. There shall be no rent for the use of the <br />Leased Water. <br />4. Restrictions. (a) The use of Leased Water shall <br />be restricted to the reclamation purposes in the Permit. <br />(b) Total diversions of the Leased Water during <br />the term of this Lease shall not exceed 943 acre feet per year <br />for irrigation purposes and a total of 1,887 acre feet for <br />leaching. <br />(c) Owners retain the right to divert, store <br />and use 'any water produced by the Leased Water which is in <br />excess of the annual diversion limitations provided in Section <br />4(b) above. <br />(d) Owners retain and reserve the sole right to <br />obtain judicial approval of any enlargement, plan for <br />augmentation or change of water right regarding the Leased <br />Water, and the Mined Land Reclamation Board agrees not to <br />2 <br />