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• . . Wining Fu~t Gompan~.-. . <br />~, . <br />• .12066 w. 9~oond Pma • P.0. Sox te6o6 • ' tak~wood. CObrWo'10215 • 7~Mpnon. (303) 969.6037 <br />vgeQ <br />Juns 1, 1988 <br />Mr. Jim Tatum <br />8703, Bonhomm~ <br />eouaton, Texas 77074 <br />Dear•Jim, <br />Pursuant to our conference•today, we have agreed that North <br />Central Fnesgy Company and/or Wyoming Fuel Comfy will cooperate <br />with you in your efforts to try to achieve the following: <br />• 1)• Either by a trade or an equal cost leasing arrangement, <br />transfer delivery of 2 c.f.s. o! your water from <br />Maxwell No. 9 Ditch to ua -and transfer delivery of 2 <br />c.f.s. of our water from naxwsll No. 11 Ditch to you. <br />• This will not include a transfer o! water rights <br />priority numbers and if priorities :::.~'". <br />~~• ~ tnking any or all of the 2 c.f.s. from Maxwell No. 9 <br />Ditch, then Me may take a similar amount from Maxwell <br />• No. 11 Ditch fos the period .of shortfall. <br />2) To obtain ad}udicatiion allowing restoration of <br />irrigation to your 42 dried-up acres located <br />approximately one-half mile NW of Tgmes in exchange ror <br />• drying up alternate acreage further downstream. <br />In the event of success in thin matter, NCE/WPC agrees <br />that we will jointly use our best efforts to either <br />transfer, trade or Sense 1 c.f.e. of water for <br />. irrigating the 42 acres. <br />Furthermore,, we have agreed that in exchange for our <br />cooperation in the above matters that you will immediately <br />execute the Waiver of Notice dated May l9, 1999, sent to the <br />Western Bank and copied to you, whereby you consent to Wyoming <br />Puel Company commencing to mine under the "8111 Chavez" tract <br />(picketMize~Aanch). <br /> <br />PLAINTIF*"~ <br />>+XAIBIT <br />RK <br />