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~• <br /> <br />\. <br /> <br />UJ~oming Fuel Com{~cn~ <br />1205$ W. S~mnd Plan P.O. Bmc 15598 • L.akevrood. Colorado 80215 <br />GEOFFREY WESTON <br />v~ rnesoea-oEVaowe+t <br />' June 1, 1988 <br />Mr. Jim Tatum <br />8703,Bonhomme <br />Souston, Texas 77074 <br />Dear Jim, <br />TNephon~ (303) 989-5037 <br />Pursuant to our confezence today, we have agreed that North <br />Central Energy 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. of your water from <br />Maxwell No. 9 Ditch to us 'and transfer delivery of 2 <br />c.f.s. of our water from Maxwell No. 11 Ditch to you. <br />This will not include a transfer of water rights <br />priority numbers and if priorities disallow us from <br />taking any or all of tha 2 c.f.s. from Maxwell No. 9 <br />Ditch, then we may take a similar amount from Maxwell <br />No. 11 Ditch for the period of shortfall. <br />• <br />2) To obtain adjudication allowing restoration of <br />irrigation to your 42 dried-up acres located <br />approximately one-half mile NW of Tomes in exchange for <br />drying up alternate acreage further downstream. <br />In the event of success in this matter, NCE/WFC agrees <br />that we will jointly use our best efforts to either <br />transfer, trade or lease 1 c.f.s. of water for <br />. irrigating the 42 acres. <br /> <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 19, 1988, sent to the <br />Western Bank and copied to you, whereby you consent to~rlyoming <br />Fuel Company commencing to mine under the 'Bill Chavez' tract <br />(Picketwire Ranch). <br />PLAINTIFF <br />EXHIBIT <br />