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I IIIIIIIIII IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII 111111111111 HE III IIIIIIIIII III IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 16 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> incorporated into the construction drawings found in Exhibit L. <br /> 30. Water Requirements for Combined Properties. With respect to the legal <br /> requirements for water in connection with the mining and reclamation of the Combined <br /> Properties: <br /> a. Temporary Substitute Water Supply Plan. Aggregate shall be <br /> responsible for implementing and complying with the requirements <br /> of a substitute supply plan or augmentation plan required for its <br /> mining operations during the term of this Second Amended Lease, <br /> including water consumed for dust control and washing and <br /> processing of mined materials, and it shall be responsible for any <br /> de-watering of the mining areas during mining and reclamation in <br /> compliance with applicable laws and regulations,provided: <br /> i. Aggregate shall bear the cost of permitting and constructing <br /> any and all improvements required for the implementation <br /> of such substitute supply plan or augmentation plan and <br /> dewatering measures, all in accordance with plans and <br /> specifications mutually approved by Longmont and <br /> Aggregate. <br /> ii. Longmont shall bear the costs of engineering investigations, <br /> reports, and historical use analyses of the Bigelow Water <br /> Rights and water leased by Longmont to Aggregate for these <br /> purposes pursuant to this Second Amended Lease. <br /> iii. Longmont shall be responsible for furnishing to Aggregate <br /> the following water rights, if necessary, to be used for these <br /> purposes, namely: (1) its 21.55% interest in the Coffin Davis <br /> Ditch leased by Aggregate herein(the Bigelow Water Rights), <br /> (2) up to twenty acre-feet of water leased to Aggregate <br /> herein, and (3) the interest in the Coffin Davis Ditch and <br /> associated water rights conveyed by Aggregate to Longmont <br /> in connection with the Distel Donation Property (the <br /> "Donated Ditch Rights"). <br /> b. Permanent Plan for Augmentation. Longmont shall bear the <br /> responsibility for and costs of adjudicating water rights, changes of <br /> water rights, construction, except as provide in Section 29 h., and a <br /> permanent augmentation plan for water needed for post-mining <br /> reclamation of the Combined Properties and the Distel Option <br /> Property, in accordance with the water features of the Integrated <br /> Plan. <br /> C. Longmont shall furnish the water and water rights required for the <br /> post-mining reclamation of the Peschel, Sherwood, Bigelow and <br /> Page 16 of 32 <br /> Aggregate Industries <br /> Final <br />