|
A. The right at any and all times during the Term to sell, exchange, or otherwise dispose of all or any
<br /> portion of the land underlying the Premises or adjoining lands.
<br /> B. (Reserved)
<br /> C. All rights to all minerals, ores, and metals of any kind and character, and all coal, asphaltum, oil,
<br /> gas, sand, gravel, clay, quarry products or other like substances in or under such land, and all
<br /> geothermal resources and the right of ingress and egress for the purpose of mining, together with
<br /> enough of the surface of the same as may be necessary for the proper and convenient working of such
<br /> minerals and substance. Grantee shall not enter into any agreement to restrict mineral development
<br /> in any way, including but not limited to, agreements to purchase, to buy out or to buy-down with the
<br /> mineral lessee, its successors or assigns, without the written approval of the State Land Board.
<br /> D. The right to lease all or any portion of the Premises to other persons for the purposes of exploring
<br /> for and removing timber, minerals, ores, metals, coat, asphaltum, oil, gas, sand, gravel, clay, quarry
<br /> products, peat, geothermal resources, and all other naturally occurring resources, together with
<br /> reasonable and adequate rights of entry and surface rights necessary or convenient to exercise such
<br /> reserved rights, so tong as the exercise of such rights do not unreasonably interfere with Grantee's
<br /> authorized use of the Premises.
<br /> E. Title to all water rights associated or appurtenant to the Premises. In addition:
<br /> 1. No water, ditch, reservoir, well, spring, seepage or other right, permit, or use of any kind, ("water
<br /> right") may be initiated, established, appropriated or adjudicated (for use on or off the Premises)
<br /> by the Grantee for which the point of diversion, withdrawal, use or storage is on the Premises,
<br /> without the prior written approval of the State Land Board. All applications and documents
<br /> pertaining to any such water right must be made in the name of the State Land Board, and the
<br /> State Land Board reserves the right to make or convert any related applications or documents in
<br /> or to its own name. Any such water right, approved or unapproved is the sole and absolute property
<br /> of the State Land Board without cost to the State Land Board.
<br /> 2. Improvements made or constructed by the Grantee in connection with such water right, apart from
<br /> any such water right, are subject to the preceding section entitled "Construction of Facilities."The
<br /> water right itself, however, will belong to the State Land Board without cost.
<br /> 3. Grantee must request and receive prior written approval by the State Land Board for any proposal
<br /> by the Grantee to apply and/or use on the Premises an existing water right which is not diverted,
<br /> withdrawn or stored on the Premises, and which is not the property of the State Land Board. Such
<br /> approval must be in accordance with applicable policies, directives and schedules, as adopted by
<br /> the State Land Board from time to time, and incorporated in this Contract by reference. Once an
<br /> application of such water right is approved the State Land Board has the option to:
<br /> i. require that the water right, or any portion thereof, be sold to the State Land Board or its
<br /> subsequent grantee at its fair market value; or
<br /> ii. permit the water right to be removed from the Premises, but only under a
<br /> reclamation/restoration plan approved by the State Land Board and completed by the
<br /> Grantee. If the reclamation/restoration is not completed by the Grantee within the time set
<br /> forth in the approved plan, the water right will remain attached to and available for use on
<br /> the Premises until the reclamation/restoration is completed without cost to the State Land
<br /> Board.
<br /> 4. If any water right (and/or related improvements) owned by the State Land Board is leased to the
<br /> Grantee by this Contract, it will be described in the paragraph entitled "Description of the Premises"
<br /> and in that event will be considered part of the Premises. The Grantee must comply with all terms
<br /> and conditions of the decree issued by the water court or permit issued by the Division of Water
<br /> ROW 113070 Page 7 of 16 Revised DOL_20180717
<br />
|