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~~~ 3 <br />Enclosure 1 <br />• <br />C~'IC. WATER USE AGREEMENT <br />Thia Agreement made and entered into this ~7 day of <br />~., 1976 by and between FIRE MOUNTAIN CANAL AND RESER- <br />Vc111~;: COh1PANY, whose address is~fotehkiss~Trado herein- <br />~afc~r desiq Hated as First Party and wESTF.RV SLO?E CARBON <br />I N.C., whose address is 1650 University Club Building, Salt <br />Lake City, Utah 84111 hereinafter designated as Second <br />party ZS TO WITNESS: <br />AND WHEREAS, the First Party is a mutual irrigation com- <br />pany owning and operating the Fire Mountain Canal and Reser- <br />voir Systems serving the No rk Fork Valley in Delta County, <br />Colorado and including the ownership and use of water decreed <br />to the East Beckwith No. 1 Reservoir also known as the Lost <br />Lake Slough Reservoir in Gunnison County Colorado and <br />WHEREAS, the Second Party is engaged in the operation, <br />development and processing of coal in the No rk Fork area of <br />Delta and Gunnison Counties in Colorado, which operations re- <br />quire water for agricultural, domestic and industrial manu- <br />facturing purposes of approximately 450 to 500 acre feet per <br />year and <br />WHEREAS, the parties have agreed that the First Party's <br />interest of water stored in the East Beckwith Reservoir No. 1 <br />will furnish a fair portion of the water required by Second <br />• Party in its operation. <br />NO:J THEREFORE, in con~ide: ation of the payment of the <br />rental and the kucping and performance of the covenants and <br />ayr remer.[s by said Szco nd Party hereinafter set forth said <br />l•'i rs[ Party hereby agrees to make available and to deliver <br />to ::a icl Sceond Party tho following described avatar rights and <br />water facilities to wit: <br />All of First Party's 75i interest in and to THE EAST <br />BECi(WITH NO. 1 RESERVOIR, situate in Gunnison County, <br />Colorado, in water Division No. 4, of the State of <br />Colorado, having priority No. H-71 pursuant to Decree <br />of District Court of Delca County, Colorado, dated <br />May 28, 1937, with a date appropriation of September 1, <br />1934, which Decree awards 568.8 acre feet of water <br />absolutely to said reservoir and 277.2 acre feet of <br />water conditionally to said reservoir. <br />TO HAVE AND 1'O IiOLD the same together with any and all <br />ditches, ditch rights and other appurtenances unto the said <br />Second Party frog the 12 day of July , 1976, until <br />the '^ day of Ju~~ 2026, at and for the total ren- <br />tal X3,000.00 fo,= t:.e full term above specified. <br />Upon execution of this Agreement, the Second Party hereby ag- <br />r~~:: LO and doer deposit in the escrow account with the Neill <br />Agency of Hotchkiss, Colorado, the sum of 510,000.00 subject <br />Lo the following conditions: <br />A. Within ten days following the execution of this <br />Agreement the Sceond Party shall initiate in the <br />Water Court for Water Division No. 4 of the State <br />• of Colorado a proper application in the names of <br />both parties for a change of the use of the above <br />described water rights from irrigation and agrleul- <br />tural use to aqr icultural /industrial,•yse, or, at <br />option of Sceond Party, for an alternate change o! <br />use o.f the above described water riggta to <br />Ayrieul[ural/Industrial use. <br />