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..~x . f ~- <br />4. That the Trust will grant the Company the use of four shares <br />of ditch water during the time period that active rnir,inn <br />aecur•s on the property. It is agreed that use of such <br />shares shall~be full cornpensat~on to the Cempar~y far any <br />seepage or ether- lasses of water- from the ditch arising from <br />the Trustrs mining operation. Upon cornpletior, of <br />reclamation the right to use the four shares shall r•ever•t to <br />the Trust. These four- shares of ditch water shall be <br />or•ar~ted to the Corrtpar,y under- a separate agreement for a terra <br />of 1 year and shall be renewed annually until miming <br />terminates. <br />5. That the ter•rns of this agreement are cantinger~t upor, the <br />comrner,cerner~t of the nrir,ine by the Trust. The Trust shall <br />not be obligated to carry out any terms of the agr•eernent <br />until rainine commences. <br />6. That the Cornpar,y wi 11 cor,t inue to er,,7ay its access to anC <br />right of maintenance of the Ditch. <br />7. That this agreement shall rat affect the Trust's right to <br />use of water- frarn the Fulton Ditch under shares owned by the <br />Trust. <br />8. That this agreement may be recorded with the Rdams County <br />Clerk and Recorder. <br />9. That the Trust will poisor, the prairie dogs on the property <br />to be rrtined prior to the cornnrencerrent of mining. <br />This agreement is signed and agreed to on the last date below. <br />i <br />ohn S. Kernp~ ste% <br />F'ollyar~na F. Mann Marital Trust <br />~` <br />Chairman, Fulton Ditch pony <br />Date <br />_9-s- ~~ <br />Date <br />