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

28. Term of A rg eem
years commencing the date this
29. Termination. This
subject to the following conditions
A. By Evans
Agreement shall continue in force for a period of 40
~t is signed by both Evans and the Board.
maybe terminated at the following times and
davs written notice to the Board that Evans intends to
terminate the Agreement at the end of the contract year, and by paying to the Board an amount
equal to 25% of the total payment at vNIOUId be due if the Agreement were to run for one
additional year, calculated upon th basis of the rates in effect at the time Notice of Intention to
Terminate is given.
B. By Evans giv g ~tten notice to the Boazd within 60 days of a final
determination by the DMG that th Ovate to be delivered under this Agreement is not a suitable
Augmentation source. In the event of termination under this subparagraph, Evans shall not owe
any additional payment to the Boaz !for his Agreement.
C. By the
the long-term Augmentation
termination under this subpar
for this Agreement.
D. By Evans
from the engineer/contractor that t}
design plan approved by the state e
meets the state engineer's perform.
Slurry Walls are adequate to reliev
augmentation obligations for the N
subpazagraph, Evans shall not owe
E. With the exc
subparagraphs A, B, C, and D abr
written agreement of both parties.
30. Title to Water Right
or equitable title in or to any of the
31. Right of First Refu;
Board a Right of First Refusal to
("Right of First Refusal") on the
A. If Evans receives ai
described in Exhibit
448f acres a part of
of AGUA or another source acceptable to the DMG as
ordance with pazagraph 16 above. In the event of
~s shall not owe any additional payment to the Board
the Slurry Walls and obtaining (1) written assurance
y Walls were constructed in accordance with the
(2) the state engineer's certification that the lined pit
ndazds, and (3) DMG's written concurrence that the
and/or the Board of any and all permanent
ind. In the event of termination under this
iitional payment to the Board for this Agreement.
hat Evans may terminate this Agreement pursuant to
Agreement can be terminated only upon the mutual
ling herein shall be interpreted to give Evans any legal
s water or water rights.
partial consideration for this lease Evans grants the
.e the 4481 acres of land described in Exhibit A
ie terms:
for the sale or exchange ("Sale") of the 4481 acres
any part thereof, including an offer to purchase the
hase of other property from Evans, and Evans