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14:05 FA% <br />f~j 004 <br />Conservancy District. Said agreement is <br />recorded in the office of the Clerk and <br />Recorder of Weld County, Colorado... <br />The conveyances of water rights provided for in this paragraph <br />shall be accomplished prior to the commencement of mining. Owner <br />shall be entitled to use the water represented by the water <br />rights described on Exhibit "C" until the lakes for which the <br />water rights are to'be used for augmentation have been created. <br />''"7. Owner shall pay all assessments on the Rural Ditch <br />Company stock described in Exhibit "C",until the transfer of the <br />stock to Central, and from that time on Central shall pay .all <br />assessments. Central shall have the right to vote the shares <br />transferred pursuant to this agreement. <br />8. Central shall withdraw all objections to the <br />Special Use Application which Owner has filed with t4eld County <br />and consents that the same may be issued at the discretion o£ <br />weld County. <br />9. Central shall withdraw all objections to the <br />granting of the mining permit for which Owner has applied tv the <br />Colorado N,ined Land Reclamation Board and consents that the same <br />may be issued at the discretion of the Colorado Mined Land <br />Reclamation Board. <br />10. Central shall not raise any objection to the <br />mining or reclamation of the Property so long as the same is <br />conducted in accordance with the provisions hereof and the <br />approved mining and reclamation plans. Central shall not com- <br />mence any litigation seeking injunctive or compensatory relief <br />arising therefrom except for a violation of the covenants and <br />agreements set forth herein. <br />11. Central and Owner agree that the standards set <br />forth in Central's.Gravel Pit Augmentation Policy shall govern <br />their posit:.ons with respect to any Formal plan for augmentation; <br />in other words, Central agrees not to request additional augmen- <br />tation water, and Owner agrees to waive any claims that it might <br />have to furnish less augmentation water, subject to the provi- <br />sions of paragraph 4 hereof. <br />12. In the event that no mining and reclamation plan <br />is finally approved by Weld County and/or the Colorado Mined Land <br />Reclamation Board, that mining permits are not granted, and that <br />Owner does not mine the property, this agreement shall, upon <br />written notification of Owner to Central of the same, be null aid <br />void, and all water rights which have been conveyed or assigned <br />-3- <br />