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~,. ' itc.LE~VE~ <br />MAY - 8 1986 <br />WATER RESOURC[S <br />STATE • ENGINEER <br />W10. <br />AGREEMENT <br />THIS AGREEMENT, made and entered into this 18th day <br />of march , 1986, by and between J Bar B, Inc. (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 />WITNESSETH: <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 for a <br />Mining 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 ir. 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 affect 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 and the interests of Central are satisfactorily pro- <br />tected. <br />NOW, 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 plan 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 ar. appropria- <br />tion of water, for any uses other than evaporations made upon the <br />Property using water from the lakes. <br />3. Owner will construct those lakes which it con- <br />structs pursuant to the approved Mining and Reclamation Plan in a <br />