HYDRO24866

• Permit No: M2000041
• IBM Index Class Name: Hydrology
• Doc Date: 10/12/2004
• Doc Name: Water Lease Agreement and Right of First Refusal
• To: DMG
• Media Type: D
• Archive: No

and/or augmentation plan to replace evaporative losses from ground water exposed to the
atmosphere on the Mined Land. The Boazd agrees that the water to be delivered under this
Agreement maybe used in a substitute supply plan and an augmentation plan for that purpose,
and the Board will cooperate with Evans to provide information regarding its water rights, which
may be needed to obtain approval of Evans's substitute supply plans and/or augmentation plans.
All costs of any such plans shall be borne solely by Evans.
15. Change of Water Rights in the Excelsior Ditch. The Arkansas Ground Water
Users Association ("AGUA") has filed an application in Case No. 04CW62 District Court,
Water Division No. 2, to change the type, time, and place of use all of the water rights decreed to
the Excelsior Ditch Company. Evars has consented to the inclusion of the water rights
represented by his 1,541 shazes in tl%e Excelsior Ditch Company in Case No. 04CW62. The
Board intends to file a Statement of Opposition to the Application in Case No. 04CW62 for the
purpose of ensuring that the proposed change of water rights does not result in an expansion of
use and does not cause injury to the Board's water rights. Evans consents to the Board's filing of
a Statement and Opposition in Case No. 04CW62 and further expressly agrees that the Boazd has
no duty to Evans, arising out of this Agreement or otherwise, in Case No. 04CW62, Evans
agrees that the Board may advance such arguments, introduce such evidence, and seek the
imposition of such terms and conditions in Case No. 04CW62 as the Board, in its sole discretion,
deems reasonable and necessary to protect its water rights from injury from the relief requested
in Case No. 04CW62.
16. Duty to Contract for
Case No. 04CW62 that changes the
augmentation use, Evans shall seek
the Mined Land, and (2) the substitL
than the Board) for the Board as the
proof that AGUA or some other sou
source of Augmentation, the Board ;
Agreement.
17. Duty to Amend Recla
this Agreement by both Evans and th
for the liner design and construction
Revision, or Amendment to the pear.
reclamation plan for the Mined Land
this amendment will be to eliminate i
the Mined Land, once the mining anc
or Amendment is Sled, Evans shall d
approval to change the mining permi
use of Slurry Walls, Evans shall not ~
Augmentation, so long as the Board ~
Augmentation for the Mined Lands.
ermanent Augmentation Supply. Upon entry of a decree in
+ater rights of the Excelsior Ditch Company to allow
contract with AGUA for (1) permanent Augmentation of
ion of AGUA (or some other source of Augmentation other
augmentation source for the Mined Land. Upon receipt of
;e for Augmentation has been accepted by the DMG as the
gall be relieved of all further obligations under this
nation Plan. Within seven months from the date of signing
e Board, Evans shall request the state engineer's approval
~f the Slurry Walls, and shall submit either a Technical
it, as determined by the DMG, to allow Evans to change the
to include the installation of Slurry Walls. The purpose of
he requirement for a permanent Augmentation source for
reclamation are completed. Once the Technical Revision
iligently pursue, and use his best efforts to obtain, DMG
. Once the mining permit has been amended to permit the
change the reclamation plan in any manner that requires
emains obligated under this Agreement to provide
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