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NOW, TI~REFO1tE, for the considerations hereinafter named the parties agree as <br />follows: <br />DEFINITIONS <br />1: The following de5nitions apply to the terms.used in.this Agreement: <br />A. Augmentation or Auglpent means supplying the quantity of water required <br />by law to replace depletions to stream flows caused by evaporation and other losses that result <br />from the exposure of ground water to the atmosphere on the Mined Lands- <br />B. Board means the Boazd of Water Works ofPucblo, Colorado and its <br />successors. <br />C. Evans means C.R Evans, his successors and assigns. <br />D. Mined Land means the 50 acres, more or less, in the Northwest comer of <br />the 4481 acres described in Exhibit A from which Evans proposes to mine sand and gravel. <br />E. Sly W all means a barrier that prevents ground water from entering the <br />Mined Land in quantities that require Augmentation. <br />AGREEMENT <br />2. Delivery of Water. The Board agrees to deliver to Evans at the Place of Delivery <br />described in paragraph four, below, raw, untreated, water that is totally consumable under <br />Colorado law. The water may include, but is not limited to, transmountain water, rctum flows of <br />transmountain water, other sources of fully consumable water, and water that may be reusable by <br />exchange. <br />3. Choice of Water Source. The Board may make the actual delivery of water from <br />the Board's storage space at Clear Creek Reservoir, Turquoise Reservoir, Twin Lakes Reservoir, <br />Pueblo Reservoir, from direct flow transmountain water, or from any other reservoir or place <br />from which the Boazd may legally deliver water, including decreed reusable seweted and non- <br />sewered return flows and water that can be delivered by exchange. The Boazd will have the sole <br />right to determine the sources of such water. At the option of the Board, such sources maybe <br />changed from time to time to suit the operational convenience of the Boazd. <br />4. Place of Delivery. The Place of Delivery will be on the Arkansas River at or near <br />the USGS Gaging Point No. 07109500, Arkansas River near Avondale Colorado. Evans will be <br />responsible for arrangng for delivery of water to any other required location. <br />C00~ S9NI2IdS 'I'Itld~NO,LS 88SDHD88TL %v3 CT~CT DOOZ/90/OT <br />