1998-07-13_REVISION - M1981302 - Laserfiche WebLink

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, 1 h, with respect to the water rights transferred and/or restricted pursuant to this Agreement, pay all ditch assessments until tne-"� dates of such transfers, at and from which times The Crater Users shall pay all ditch assessments. Yoting of the shares transferred pursuant to this Agreement shall be determined by the Board of Di- rectors of The Hater Users. i , Furthermore , in order to assure that no depletions to SouthdF Boulder Creek result from Flatiron' 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 )later Users or pursuant to a plan of auanentation or chance of use approved by the Division 1 Hater 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 minino and reclamation activities on the orooerty, =latiron nas constructed iaKes navinc more or less 777 than the ne6 ; ,,on os Surrace acres or iaKe , ine dater sers snail waive o ease a portion of the dry-up p vision of para- graph 3J . above or, if necessary, Flatiron, Quin M Investments, Ltd. , and Flatiron Companies snall permanently remove `rom irriga- tion by water tributary to South Boulder Creek (except pursuant to a plan of augmentation or chance of use approved by the Division 1 Hater Court) such additional acreage within the bounaaries of the property described on Exhibit A as the "Deepe Farm" in order that the total acreage removed fron irrigation is eeual to the total shares conveved pursuant to Paragrapn 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 conpletion of mininc activities, Flatiron , with the consent of The Water 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 oeterminea by the previous paraoraph and this paraoraDh. In the event that other parcels of land t�� are net within the .. boundaries of the property described on Exhibit '( the Deepe _jj.ivj Farm) , the number of acres to be removed from irrigation shall re- quire approval by The Water Users. k. During Flatiron ' s mining operations on or reclamation of the Deepe Farm, Flatiron agrees to name The Hater Users, its officers and directors , as additional named insured under the policies of general liability insurance which Flatiron maintains for such pro- jects, 4. OYEHANT RUNNING WITH THE LAND HATER RIGHTS AND EASEMENT. This Agreement snail be a covenant which runs with the land described on Ex- hibit A, and the water rients describe❑ above , and shall continue in I 3