1989-12-07_REVISION - M1981302 (6)

Home Browse Search

• � III IIIIIIIIIIIII III 999 AGREEMENT REGARDING SA14D AND GRAVEL MINING AND AUGMENTATION PLAIJ PERTAINING THERETO I. PARTIES. The parties to this Agreement are FLATIRON SAND S GRAVEL COMPANY, a Colorado corporation ("Flatiron") , THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Coloraao non-profit Corporation ("The water Users") , OUIN 14 INVESTMENTS, LTD. , a Colorado limited partnership, and FLATIRON COIIPAIIIES , a Colorado general partnership. The reference to "The Water Users" as used in this Agreement shall be interpreted to include member ditches of The Water Users unless the context indicates otherwise . 2. RECITALS. Flatiron leases and Ouin M Investments, Ltd., and Flat- iron Companies own the property described on Exnibit A ( tne "Deepe Farm" ) , and Flatiron has applied to Boulder County for a special use permit and to the Colorado Mined Land Reclamation Board for a mining permit, to permit it to conduct sand and gravel mining activities on the property. The parties acknowledge that the construction of additional• lakes, which is part of =latironIs reclamation plan, will result in addi- tional evaporation from open water surface which will adversely affect The Water Users , its members and the water users in general unless aug- mented. The parties acknowledge that a lake consisting of 14 . 2 surface acres existed before commencement of Flatiron activities on Deepe Farm. The hater Users has no objection, to Flatiron' s mining operations and reclamation of the Deepe Farm property if the concerns expressed above are addressed and the interests of The Water Users are satisfactorily protected. Flatiron has agreed to protect those interests and the pur- pose of this Agreement is to set forth the specific agreements of the parties. ?. FLATIRON'S AGREEMENTS. Flatiron agrees as follows: a. To conduct its m,.ininc operations on the Deepe Farm in accordance with the Mining and Reclamation Plan as finally approved by Boulder County and the Colorado mined Land Reclamation Board. b . To construct lakes pursuant to the approved mining and reclama- tion plan in a good and workmanlike manner and to equip the lakes with such structures as are required by law. Q c. To relocate Dry Creek No. 2 Ditch in accordance with plans and Z specifications approved by the ditch company in a manner that will O W not injure other water users of adjacent lands. Go Z 0 d. To pay to The Water Users the sum of S 100.00 as reimburse- g Z ment for its necessary and reasonable expenses incurred in connec- W +� p Lion with its review of the mining and reclamation plan and the J . 2 Q preparation of this Agreement. W oLLJ e . To augment South Boulder Creek, in accordance with the water aucmentation policy for gravel pits of The (later Users , thereby preventing injury to other water users, by conveying to The eater