1989-12-07_REVISION - M1981302 (6)

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h. With respect to the water rights transferred and/or restricted pursuant to this Agreement, pay all ditch assessments until then dates of such transfers, at and from which times The Water Users shall pay all ditch assessments. Voting of the shares transferred pursuant to this Agreement shall be determined by the Board of Di- rectors of The Water Users. i . Furthermore , in order to assure that no depletions to Soutne*' Boulder Creek result from Fiatiron' s mining on and reclamation of the Deepe Farm, Flatiron shall permanently remove from irrigation by water tributary to South Boulder Creek (except pursuant to a waiver or release from Water Users or pursuant to a plan of augmentation or change of use approved by the Division 1 Water Court) a total of 13.8 acres of historically irrigated land within the 21-acre Stage I area of mining operations. j . if, at the conclusion of all mining and reclamation activities on the property, Flatiron nas constructed iaKes navinc more or less t F. r, the nee ; ,ldn d: G . SUr7ace acres of IaKe, , ne viater SerS snail waive ease a portion of the ary-up p vision of para- graph 3. i . above or, if necessary , Flatiron, Quin M investments, Ltd., and Flatiron Companies snall permanently remove from irriga- tion by water tributary to South Boulder Creek (except pursuant to a plan of augmentation or change of use approved by the Division 1 Water Court) such additional acreage within the boundaries of the property described on Exhibit A as the "Deepe Farm" in order that the total acreage removed from irrigation is equal to the total shares conveyed pursuant to Paragraph 3.f. above multiplied by 4 . 11 acres per snare less the number of net additional surface acres calculated pursuant to Paragraph 3 . f. above . Furthermore , upon completion of mining activities, Flatiron, with the consent of The liater Users, which consent shall not be unreasonably withheld , may describe other parcels to be permanently removed from irrigation by water tributary to South Boulder Creek in lieu of the acreage de-,,,. scribed and determined by the previous paragraph and this paragraph. In the event that other parcels of land jEt�W are not within the boundaries of the property described on Exhibit "T( the Deepe Farm) , the number °of acres to be removed from irrigation shall re- `� quire approval by The Water Users. k. During Fiatiron ' s mining operations on or reclamation of the Deepe Farm, Flatiron agrees to name The Water Users, its officers and directors, as additional named insured under the policies of general liability insurance which Flatiron maintains for such pro- jects. 4. COVENANT RUNNING WITH THE LAND WATER RIGHTS AND EASEMENT. This Agreement shall be a covenant which runs with the land described on Ex- hibit A, and the water rights described above , and shall continue in 3