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c. To construct those lakes which it constructs pursuant to the approved mining and reclamation plar. in a good and workmanlike manner and to equip the lakes with such structures as are required by law. d. To relocate and reconstruct the Rural and Smith and Em- mons ditches, as well as any historical wasteways crossing the Cotton- wood Farm property, in such a manner as to assure that no ditch users or persons affected by such ditch or ditches (including Godding and its shareholders) shall be injured and in such a manner that the water and waste water flowing in such ditches will flow in the same manner and at the same time, and that such ditches and wasteways shall have the same capacity as they have historically had. The Rural and Smith and Emmons ditches shall be relocated and reconstructed according to plans and specifications approved in advance by the respective ditch companies prior to the commencement of mining activities east of aline 200 feet west of the Smith and Emmons Ditch serving Duckworth, Grooms and Engle- hard. The original ditches shall not be removed until the new ditches have been used for one irrigating season to show that they operate prop- erly. Acceptance of the new ditches and abandonment of the old ditches shall not relieve Western Paving of any of its obligations under this Agreement. If any ditches or laterals are eliminated as the result of Western Paving's mining operations or reclamation (for example, the plan contemplates elimination of two laterals of the Smith and Emmons Ditch), Western Paving shall obtain written consents from those water users affected by such elimination and/or relocation, or, in the alternative, a court decree permitting such elimination, and shall furnish copies of those consents and/or decrees to the Water Users. e. To specifically guarantee to Rural and Smith and Emmons that they will receive water at the point at which their ditches flow from the Cottonwood Farm's property in the same amount, at the same rates, and at the same times as they historically received water prior to Western Paving's mining operations. Western Paving affirmatively assumes the responsibility for delivering water to those ditches in accordance with the foregoing and agrees that if, because of Western Paving's mining operations and reclamation, water cannot or is not de- livered to the Rural and Smith and Emmons ditches in accordance with historical flows, Western Paving shall obtain and deliver such addi- tional water to the headgate of those ditches as is necessary to dupli- cate historic patterns or compensate users of those ditches for any losses resulting from Western Paving's failure to do so. f. To guarantee to Rural, Sr..ith and Emmons, and Godding that carrying losses from seepage and evaporation of the Rural and Smith and Emmons ditches as they pass through or around the Cottonwood farm prop- erty will not be greater than historical carrying losses or if so, that such losses shall be replaced immediately by Western Paving. Western Paving agrees to install, within 90 days after mining permits are issued by the Colorado Mined Land Reclamation Eoard and at least 12 months prior to the commencement of mining operations, measuring devices on the -2-