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<br />There is further reserved to Grantor with regard to <br />all three Tracts, a right of first refusal to purchase the real <br />property above described at the then market price should Grantee <br />elect to sell same, said market price to be determined by three <br />appraisers. Grantee and Grantor shall appoint one appraiser <br />each, with the third appraiser to be appointed by the first two. <br />Costs for appraisal shall be shared equally by the parties. <br />As part of the above consideration the following <br />covenants shall run with the land: <br />1. All ditches which convey water to Grantor's property <br />(wha.tever property is owned or leased), adversely affected by <br />construction of facilities by Grantee on the above described <br />• property or acreage adjacent thereto shall be relocated at Grantee's <br />sole expense. All relocated ditches are to provide as near as <br />practicable the quantity and quality of water which has been <br />historically provided by the now-existing ditches. Grantee shall <br />endeavor not to interrupt Grantor's water flow through said ditches <br />during the months of March, April and May; however, should Grantee <br />interrupt said water flow and thereby cause subsequent crop <br />damage, Grantee shall reimburse Grantor for such damage. <br />2. Grantee agrees to provide Grantor, if Grantor so <br />desires, water which may be developed from Grantee's mining <br />operation on lands adjacent to the above described property or <br />which may be transported by pipeline from the Colorado River or <br />other source south of the above described property on the following <br />schedule: <br />A. Grantee to retain for its own use the first <br />1.5 million gallons per day. <br />B. Grantor to have the right to the succeeding <br />one million gallons per day, if any. <br />C. Grantee to retain all additional water, if <br />any. <br />This commitment by Grantee shall be subject to Grantee's having <br />- 2 - <br />