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01/27/03 MON 14:04 FAX <br />(~j 002 <br /> <br />RECEIVE[? <br />AGREEMENT ~AIV 2 7 2003 <br />Dmsion otMinera~s ~ Geology <br />THIS AGREEMENT, made and entered into this 18th day <br />of Match , 1986, by and between J Sar B, Znc. (herein- <br />after referred to as "Owner°) and the Central Colorado Water <br />Conservancy District and the Groundwater Management Subdistrict <br />of the Central 'Colorado Water Conservancy District (hereinafter <br />collectively referred to as "Central"). <br />_, •. <br />WITNESSETHo <br />WHEREAS, Owner owns property described on Exhibit "A", <br />attached hereto and made a part hereof (hereinafter referred to <br />as "the Property"), and has applied to Weld County for a Special <br />Use Permit and to the Colorado Mined Land Reclamation Board far a <br />ldining Permit, to conduct sand and gravel operations on the <br />Property; and <br />WHEREAS, it is anticipated by Central that the mining <br />operations may have an impact on the historical surface and <br />ground water patterns in the area and that the construction of <br />lakes, which are part of the reclamation plan, will result in <br />additional' evaporation from open water surfaces which will <br />adversely as"fect Central unless said evaporation is augmented; <br />and <br />WHEREAS, Central has no objection to Owner's mining <br />operations and reclamation if the concerns expressed above are <br />addressed a:~a the interests of Central are satisfactorily pro- <br />tected. <br />NUW, THEREFORE, in consideration of the premises and <br />the mutual promises and covenants of the parties hereto, IT IS <br />AGREED AS FOLLOWS: <br />1, Owner shall conduct its mining operations on the <br />Property in accordance with the mining and .reclamation plalr as <br />finally approved by Weld County and the Colorado Mined Land <br />Reclamation Board. <br />2, owner will file an application for water rights, <br />including storage rights, claiming that it has made an appropria- <br />tion of water, for any uses other than evaporation: made upon the <br />Property using water from the lakes. <br />3. Ownez will construct those lakes which it con- <br />structs pursuant to the approved Mining and Reclamation Plan in a <br />