1989-12-07_REVISION - M1981302 (7)

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sss AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAT! PERTAINING THERETO 1. PARTIES. The parties to this Agreement are FLATIRON SAND d GRAVEL COMPANY, a Colorado corporation ("Flatiron") , THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado non-profit Corporation ("The Water Users") , QUIN M INVESTMENTS, LTD. , a Colorado limited partnership, and FLATIRON COIIPAIIIES, a Colorado general partnership. The reference to "The Water Users" as used in this Agreement shall be interpreted to include member ditches of The Water Users unless the context indicates otherwise . 2. RECITALS. Flatiron leases and Quin F1 Investments, Ltd., and Flat- iron Companies own the property described on ExniDit A ( the "Deepe Farm") , and Flatiron has applied to Boulder County for a special use permit and to the Colorado Mined Land Reclamation Board for a mining permit, to permit it to conduct sand and gravel mining activities on the I property. The parties acknowiedae that the construction of additional• lakes, which is oart of =latiron' s reclamation plan , will result in addi- tional evaporation from open water surface which will adversely affect The Eater Users, its members and the water users in oeneral unless auc- mented. The parties acknowieooe that a lake consisting of 14 . 2 surface, acres existed before commencement of Flatiron activities on Deepe Farm. Tr,e }later Users has no objection to Flatiron' s mining operations and reclamation of the Deepe Farm property if the concerns expressed above are aderessed and the interests of The Water Users are satisfactorily protected. Flatiron has screed to protect those interests and the pu,- pose of this Aareement is to set forth the specific agreements of the parties. 2. FLATIRON'S AGREEMENTS. Flatiron agrees as follows: a. To conduct its mining operations on the Deepe Farm in accordance with the mining and Reclamation Plan as finally approved by Boulder County and the Colorado tined Land Reclamation Board. b . To construct lakes pursuant to the approved mining and reciama- tion plan in a good and workmanlike manner and to equip the lakes with such structures as are required by law. Q c. To relocate Dry Creek No. 2 Ditch in accordance with plans and ZO specifications approved by the ditch company in a manner that will W not injure other water users of adjacent lands. ' m z 0 d . To pay to The Water Users the sum of S loo.00 as reimburse- ment for its necessary and reasonable expenses incurred in connec- W +� 0 p Lion with its review of the mining and reclamation plan and the 2 Q preparation of this Agreement. LLJ W ca g e . To augment South Boulder Creek, in accordance with the water /�/ augmentation policy for gravel pits of The Water Users, thereby ii W preventing injury to other water users, by conveyinc to The 1later cc WMI EXHIBIT NO.8