_INSPECTION - M1984099 (9) - Laserfiche WebLink

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Conservancy District. Said agreement is recorded in the office of the Clerk and Recorder of Weld County, Colorado. The conveyances of water rights provided for in this paragraph shall be accomplished prior to the commencement of mining. Owner shall be entitled to use the water represented by the water rights described on Exhibit "C" .until :the ..lakes for which the water rights are to be used for augmentation have been created. 7. Owner shall pay all assessments on the Rural Ditch Company stock described in Exhibit "C".until the transfer of the ,, stock to Central, and from that time on Central shall pay all assessments. Central shall have the right to vote the shares transferred pursuant to this agreement. 8. Central shall withdraw all objections to the Special IIse Application which Owner has filed with Weld County and consents that the same may be issued at the discretion of Weld County. 9. Central shall withdraw all objections to the granting of the mining permit for which Owner has applied to the Colorado Mined Land Reclamation Board and consents that the same may be issued at the discretion of the Colorado Mined Land Reclamation Board. 10. Central shall not raise any objection to the minitiq or reclamation of the Property so long as the same is conducted in accordance with the provisions hereof and the approved mining and reclamation plans. Central shall not com- mence any litigation seeking injunctive or compensatory relief arising therefrom except for a violation of the covenants and agreements set forth herein. 11. Central and Owner agree that the standards set forth in Central's Gravel Pit Augmentation Policy shall govern their positions with respect to any formal plan for augmentation; in other words, Central agrees not to request additional augmen- tation water, and Owner agrees to waive any claims that it might have to furnish less augmentation water, subject to the provi- sions of paragraph 4 hereof. 12.. In the event that no mining and reclamation plan is finally approved by Weld County and/or the Colorado Mined Land Reclamation Board, that mining permits are not granted, and that Owner does not mine the property, this agreement shall, upon written notification of Owner to Central of the same, be null at~d void, and all water rights which have been conveyed or assigned -3-