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Western Paving further agrees that the water rights which shall be used for augmentation in compliance with the foregoing provisions and in compliance with the water augmentation policy for gravel pits of the Water Users Association of District No. 6 shall be the water rights described on Exhibit B, Or comparable water rights. Western Paving further agrees that the water rights described on Exhibit B shall be, as between the parties to this Agreement, considered to be appurtenant to the property described on Exhibit A and shall not be sold, transferred or used on grounds other than the property described on Exhibit A until after Western Paving has given the parties to this Agreement at least 90 days' prior written notice of its desire to use or transfer all or any part of said water rights elsewhere and Western Paving's negotiation, in good faith, with the parties to this Agreement for their consent to such transfer or use, and in the absence of such agreement, Western Paving shall not transfer or use all or any part of said water rights elsewhere unless it has first obtained a decree of the Water Court authorizing such use or transfer. j. In order to implement the provisions of this Agreement, the water rights described above (with the exception of the Colorado Big Thompson Project Water which is provided for in the preceding paragraph) shall be conveyed to the Water Users Association of District 6 by deed or by appropriate stock transfer and, the deed of conveyance shall recite or the stock certificate issued to the Water Users shall bear, the fol- lowing notation: "These water rights (shares) and the uses of water attribut- able thereto are restricted by an Agreement dated vn~L tug •,~ entered into between Western Paving Construction Company, a Colorado corporation, the Water Users Association of District No. 6, a Colorado nonprofit corporation, the Rural Ditch Com- pany, a Colorado mutual ditch company, the Smith and Emmons Ditch Company, a Colorado mutual ditch company, and the God- ding Ditch Company, a Coloradc mutual ditch company, and are subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and affects parts of Sections 16 and 17, and all of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado." Conveyance of water rights pursuant to this provision shall be accom- plished prior to the commencement of mining. Western Paving shall be entitled to use the water represented by the foregoing water rights until the same are required for augmentation pursuant to the provisions of this Agreement. k. With respect to the water rights transferred and/or re- stricted pursuant to this Agreement, pay all ditch assessments until such rights are required for augmentaticn at and from which time the -4-