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1989-12-07_REVISION - M1981302 (6)
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1989-12-07_REVISION - M1981302 (6)
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Last modified
9/9/2022 3:50:59 PM
Creation date
11/21/2007 10:43:45 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1981302
IBM Index Class Name
Revision
Doc Date
12/7/1989
Doc Name
AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THEREOT
Type & Sequence
AM1
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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Users an amount equal to two-acre feet of heaogate diversion for ' <br /> augmentation purposes for each net additional surface acre of lake <br /> constructed . During mining operations, this water shall also be <br /> used, if needed, to compensate for depletions caused by Flatiron' s <br /> mining activities , including use of water for dust suppression or <br /> gravel washing. Flatiron' s current plans call for the construction <br /> of approximately 41.5 surface acres of lake , which is a net addition <br /> of approximately 27.3 surface acres of lake. <br /> f. The conveyance of water riahts calculated pursuant to the pre- <br /> ceding paragraph shall be accomplished in pneses to coincide witn <br /> the progress of mining and reclamation activities on the Deepe Farm. <br /> At the end of seven vears and at the end of 20 years from execution <br /> of this contract, and at the creation of any new net additional lake <br /> surface, or more frequently if requested by any party, Flatiron <br /> shall provide a projection of net additional surface acres resulting <br /> from then-current and completed stages and shall convey to The Hater <br /> Users sufficient water rights to total two-acre feet of heaogate <br /> diversion for each net additional surface acre of lake to be con- <br /> structed during the planned or completed stage of activity. If, at <br /> the end of its mining and reclamation activities on the property , <br /> Flatiron has constructed lakes having more or less than this number <br /> of net additional surface acres, The Water Users shall convey tom <br /> Flatiron all water which has Deen conveyed to The Water Users by <br /> Flatiron over and above an amount determined Dy multiplying the <br /> number, of net additional surface acres of iakes by twe-acre feet or , <br /> if necessary, Flatiron shall convey to The '.rater Users additional <br /> water in order to equal the amount of two-acre feet =or each net <br /> additional surface acre of lakes constructed . Flatiron further <br /> agrees that the water rights which shall be used for augmentation in <br /> compliance with the foregoing provisions and in compliance with The <br /> Water Users' water augmentation policy for gravel pits, shall be the <br /> portion of the water rights described on Exhibit B required by this <br /> paragraph, or comparable water rights approved Dy The later Users . <br /> Dry Creek No. 2 Ditch, for the purpose of this Agreenent, shall nave <br /> an assumed averaoe annual yield of 5.47 acre feet per snare . <br /> g. In order to implement the provisions of this Agreement, the <br /> water rights described above (witn the exception of any Colorado Big <br /> Thompson Project Water which is used for augmentation) shall be <br /> conveyed to The Water Users by deed or by appropriate stock transfer <br /> and the deed of conveyance shall recite or the stock certificate <br /> issued to The Water Users shall bear, the following notation: <br /> "These water rights ( shares) and the uses of water attributable <br /> thereto are restricted by an Agreement dated ypv , <br /> entered into between Flatiron Sand ant Gravel Company,' Colo- <br /> rado corporation , Water Users Association of District No. 6, <br /> Quin M Investments, Ltd., a Colorado limited partnership, and <br /> Flatiron Companies, a Colorado general partnership, and are <br /> subject to the terms of that Agreement. Said Agreement is <br /> recorded in the office of the Clerk and Recorder of Boulder <br /> County, Colorado, and affects the q propertyy derma �L <br /> pn �Xhb.> <br /> 2 <br />
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