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• '~ ~' ~~' I" I"""I' • <br />AGREEMENT <br />TY.:IS AGREEMENT made and entered into this ~~M day of March, <br />1990, by and between C & M Companies, hereinafter referred to as <br />"C 6 M" and the Ground water Management Subdistrict of the <br />Central Colorado water Conservancy District, hereinafter referred <br />to as "Central." <br />WITNESSETH: <br />WHEREAS, C & M has an application for a mining permit pending <br />before the Mined Land Reclamation Board for property in parts of <br />Section 30 and 31, Township 1 North, Range 66 West of the 6th <br />P.M., weld County, Colorado known as the Platte valley Pit; and <br />WHEREAS, Central has decreed wells on said property which may <br />be impacted by the proposed mining; and <br />WHEREAS, Central has requested a formal public hearing before <br />the Mined Land Reclamation Board to address the potential injury <br />to its wells; and <br />WHEREAS, the parties desire to settle the issue of potential <br />injury to Central's wells between themselves. <br />NOW, THEREFORE, in consideration of the premises and the <br />mutual promises and covenants of the parties hereto, IT IS AGREED <br />AS FOLLOWS: <br />1. C & M agrees that it will not mine the property the <br />subject of the Platte Valley Pit Mining Application located in <br />Sections 30 and 31, Township 1 North, Range 66 West of the 6th <br />P.M., Weld County, Colorado unless and until it obtains an <br />agreement with Central with respect to potential injury to <br />Central's wells. <br />2. Central agrees with withdraw its request for a formal <br />public hearing upon execution of this agreement and will not <br />object to the issuance of the proposed mining permit. <br />3. The parties agree that this Agreement shall be a <br />condition to the mining permit to be issued by the Mined Land <br />Reclamation Board and the Special Review Permit to be issued by <br />the Weld County Commissioners such that no mining shall take <br />place until the condition is satisfied. <br />4. This Agreement represents the complete agreement of the <br />parties and no oral modification shall be recognized. Any <br />amendments or additions shall be made in writing and shall be <br />signed by the parties hereto. <br />-1- <br />