PERMFILE66574

• Permit No: C1981016
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Doc Name: Underground Disposal plans
• Section_Exhibit Name: APPENDIX A THRU C
• Media Type: D
• Archive: No

Pi:closuse 1
WATER US°_ AGREEMENT
This Agreement made and entered into this :7 day of
~,1„__, 1976 by and between FIRE MOUNTAIN CANAL A~tD AESER-
Vt~ll; COCIPANY, whose address SeZ{otchkiss~oToiado herein-
b `cci designated as First Party and WESTERV SLO?E CAR90N
,INC., whose address fs 1650 University Club Building, Salt
Lane City, Utah 84111 hereinafter designated as Seeond
Party IS TO WITNESS:
AND WHEREAS, the First Party is a mutual irriga~ion com-
pany owning snd operating the Fire Mountain Canal and Reser-
voir Systems serving the Nork Fork valley in Dells County,
Colorado and including the ownership and use of water decreed
to the East Beckwith No. 1 Reservoir also known as the Lost
Lake Slough Reservoir in Gunnison County Colorado and
WHEREAS, the Seeond Party is engaged in the operation,
development and processing of Coal in the Nork Fork area of
Delta and Gunnison Counties in Colorado, which operations re-
quire water for agricultural, domestic and industrial manu-
facturing purposes of approximately 45D to 500 acre feet per
year and
WHEREAS, the parties have agreed that the Pirst Party's
interest of water stored in the East Beckwith Reservoir No. 1
w111 furnish a fair portion of the water required by Second
Party in its operation.
• NO'r! THEREFORE, ir. eons iderstion of the payment of the
rental and the kcepi ng and performance of the covenants and
a~Itccmer.te by said Seeond Party hereinafter set forth said
l•'i rst Party horeby agrees to make available and to deliver
to ::aid Second Party the following described water rights and
water fneilities to wit:
All of First Party's 75\ interest in and io THE EAST
BEC i(WTTH N0. 1 RESERVOIR, situate in Gunnison County,
Colorado, in Water Division No. 4, of the State of
Colorado, having prioiity No. H-71 purcuant to Decree
of District Court of Delca County, Colorado, dated
N.ay 28, 1937, with a date appropriation of September 1,
1934, which Decree awards 568.8 acre feet of water
absolutely to said reservoir and 277.2 acre feet of
water conditionally to said reservoir.
1b NAVE AND TO BOLD the same together with any and all
ditches, ditch rights and other appurtena ncea unto the said
Second Party from the 1% day of ~Jul~~~~, 1976, until
the .^ day of JuTi 2026, nt end for the total ren-
tal oT~~000.00 fo: to ull term above specified.
Upon execution of this Agreement, the Second Party hereby aq-
ro.:: t0 and does deposit in the escrow account with the Neill
Agency o! Notchkiss, Colorado, the sum of 510,000.00 subject
to the following conditions:
A. Nithin ten days following the execution of this
Agreement the Second Party shall initiate in the
Meter Court for water Division No. 4 of the State
of Colorado a proper application in the names of
both parties for a change of the uas of Lhe above
• described water rights from irrigation and agrieul-
turel use to agricultural/industrial,-ys e, or, et
option of Second Party, for en alternate change of
use of ehe above described water rigrits to
~Ayzieultural/Industrial use.