PERMFILE50181

• Permit No: M1988042
• IBM Index Class Name: Permit File
• Doc Name: AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO PAGE 2
• Media Type: D
• Archive: No

Permit Number 1 ~ ~ ~ ~ ~ ~~ x ~ ~
CI t
_Secho`N_Ex_hibn
' Class O Revision - - - - - - - - - -
~ _TYPe/Seq ___ ____ ___,
Class O Report ^ Hytlro OGeneml - - - - - - -
DocType _________
DApphcabon (Coal only) O Bontl O Enforcement ^ Inspochon
b. To restore the premises to the condition
set forth in said reclamation plan and the
regulations of Weld County end the State of
Colorado;
2. 'Phe~,rties further agree as follows:
~. Rs long as it and its successors and assigns
own or have an interest in the property
described herein, they will maintain the
restored structures, including ponds, ditchers,
channels and pumps in good and worlang order
and will do nothing to said structures whack.
would adversely affect the interest of the
WATER USERS.
b. WESTldRN will not claim, as a result of mining
and restoration of the property, that any
water has been salvaged or developed through
a phreatophyte eradication program. WESTERN
will, however, ne entitled to off-set the
historic consumptive use associated with the
lands removed from irrigation in connection
with the mining operations against the
evaporation losses from the developed lakes.
Any water to be used in the mining operat~on5
and restoration process will be consid~~ie'd
tributary water to Boulder Creek and will be
suu7ect to the appropriation system and
other existing laws of the State of Colorado,
and will be water: khat Kaye historically
f><ricatcci this 1€nd. -
c. 6`LSTERN and its successors and assigns will
mEY.e €vailable for use in the reclamation
plan, and for the purpose of replacing
depletions to Boulder Creek resulting from
evaporation losses from the developed lakes
as necessary to prevent injury to other
water rights on Boulder Creek and its
#rihutaries, the water rinhts Chown er
Exhibit f„ wit:
The .portion of said water rights required to
be made available for such purpose shall oe
determined in the Water Court proceedings
on the augmentation plan or change of water
right applioation provided for in paragraph
2f, herein.
d. The portion of the water rights listed in
paragraph 2c. €bove determineA in said t7ater
Court proceeding to be necessary for the
purpose describod in s€id paragraph 2c.
chcll remein the property of WESTLSPt €rd
its successors and assigns as an appurtenance
to the real estate and property presented to
Weld County and The State of Colorado, a;
described in paragraph la.
e. t,CSTLRN and its successors €nd assigns will
continue to taintain the ditches and use
the k~ater €s set forth in the reclamation
and water augmentation plan in order to
insure that'said water Rights are n+st lost
through abandonment.
s
4~
"=
i,=~
,~ ..
~..
f. After €11 structures are completed, an
appropriate application for change of use or
plan of augmentation shall, 1f requested by'
WATk•R USERS, be svbtnitked to the Division 2 w
_ Water Coulrt ,for datetminatxon py and fps t~B~~N'.