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5.6. Allowance for Tailings: Tonnage for purposes of calculation of Sales Royalty shall be <br /> based on processed Materials sold. Materials shall be calculated pursuant to.section <br /> 5.4.1 above. If a gravel washing plant is implemented within the Lease premises, <br /> prospecting for gold will be contemplated in conjunction with a washing operation.The <br /> Landlord and Tenant agree to split any profit from the gold prospecting equally. <br /> • <br /> • <br /> 5.7.-Drainage: Tenant shall be responsible for installation .and maintenance of culverts and <br /> drains to ensure the adequacy and control of drainage, and for not impairing the <br /> existence and operation of existing drainage culverts <br /> 6. Water Access and Usage: Tenant shall have the right to drill on the Leased Premises to leach <br /> a water source subject to the requirements of this Section and to use any water from such <br /> source without payment of any fee, usage or otherwise to Landlord for water access and <br /> usage. <br /> 6.1. Permit Requirements: Tenant shall obtain a water permit for each well drilled or <br /> converted to a water source on the Leased Premises. The cost shall be paid by Tenant. <br /> Water permits shall allow Tenant to use the water obtained from each such well for any <br /> use related to the physical extraction of rock or sand and gravel from the Leased <br /> Premises and the processing of such Material to yield final marketable aggregate <br /> •products and any other use incident to that process.Tenant shall be obligated to pay all <br /> fees and costs associated with the water obtained through such well. Tenant shall be <br /> obligated to comply with all federal, state and local laws and regulations applicable to <br /> water use on the Leased Premises. Well and water purchase contracts, permits, deeds, <br /> licenses and any other rights ("Well Rights") shall be transferred to the Landlord at the <br /> end of the Lease.Any expenses for transferring Well Rights would be at the Landlord's <br /> expense.Tenant agrees to promptly execute any documents required to effect the transfer <br /> of Well Rights. <br /> 6.2. Water Metering:To facilitate the accounting of water use,Tenant shall maintain accurate <br /> and complete records of the sources and amounts of water used on the Leased Premises, <br /> shall furnish such records to Landlord and the Town of Gypsum upon request or as <br /> required by the Town of Gypsum, and shall install metering or measuring devices <br /> capable of measuring produced water from all wells on a monthly basis,other than wells <br /> used solely for groundwater monitoring. Any such metering or measuring devices shall <br /> be non-resettable and certified for accuracy on an annual basis by an independent <br /> technician. <br /> 7. Tenant's Covenants <br /> 7.1. Diligent Pursuit of Required Permits: Upon mutual execution of the Lease.by Landlord • <br /> and Tenant,Tenant shall commence and continue reasonably diligent efforts to obtain all <br /> Permits necessary for Tenant to conduct its operations on the Leased Premises as <br /> contemplated by this Lease. Such diligent efforts shall specifically include the <br /> submission to the Eagle County planning authority of a conceptual or initial phase <br />