1989-12-07_REVISION - M1981302 ‎(7)‎

• Permit No: M1981302
• IBM Index Class Name: Revision
• Doc Date: 12/7/1989
• Doc Name: AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO
• Type & Sequence: AM2
• Media Type: D
• Archive: No

Users an amount equal to two-acre feet of heaogate diversion for '
augmentation purposes for each net additional surface acre of lake
constructed . During mining operations, this water shall also be
used, if needed, to compensate for depletions caused by Flatiron ' s
mining activities, including use of water for dust suppression or
gravel washing. Flatiron' s current plans call for the construction
of approximately 41.5 surface acres of lake , which is a net addition
of approximately 27.3 surface acres of lake.
f. The conveyance of water rights calculated pursuant to the pre-
ceding paragraph shall be accomplisne(I in phases to coincide with
The progress of mining and reclamation activities on the Deepe Farm.
At the end of seven years and at the end of 20 years from execution
of this contract, and at the creation of an), new net aoditional lake
surface, or more frequently if requested by any party, Flatiron
snall provide a projection of net additional surface acres resulting
from then-current and completed stages and shall convey to The Water
Users sufficient water rights to total Two-acre feet Of heaogate
diversion for each net additional surface acre of lake to be con-
structed during the planned or completed stage of activity. If, at
The end of its mining and reclamation activities on the property ,
Flatiron has constructed lakes having more or less than this nuirDer
of net additional surface acres, The Water Users shall convey tom
Flatiron all water which has been conveved to The Dater Users by
Flatiron over and above an amount deternined Dy multiplying the
numDer of net additional surface acres of lakes by twe-acre feet or,
if necessary, Flatiron snail convey to The 'Water Users additional
water in order to equal the amount of two-acre feet for each net
additional surface acre of lakes constructed. Flatiron further
agrees That the water rights which shall be used for augmentation in
compliance with the fOregOing provisions and in compliance with The
Water Users' water augmentation policy for gravel pits, shall be the
portion of the water rights oescribed on _xhibit 6 required by this
paragraph, or comparaUle water rights approved Dy The hater Users.
Dry Creek No. 2 Ditch, for The purpose of this Aareenent, snail nave
an assumed average annual yield of 5.47 acre feet per snare.
a. In order to implement the Drovisions of this Agreement, the
water rights described above iwitn the exception of any Colorado Big
Thompson Project Water which is used for augmentation) shall be
conveyed To The Water Users by deed or by appropriate stock transfer
and the deed of conveyance shall recite or the stock certificate
issued to The Water Users shall bear, the following notation:
"These water rights (shares) and the uses of water attributable
Thereto are restricted by an Agreement dated -a iy ,
entered into between Flatiron Sand and Gravel Campany,r a Colo-
rado corporation , Water Users Association of District No. 6,
Quin M Investments, Ltd., a Colorado limited partnership, and
Flatiron Companies, a Colorado oeneral partnership, and are
subject to the Terms of that Agreement. Said Agreement is
recorded in the office of the Clerk and Recorder of Boulder
County, Colorado, and affects the property] der�+r<<
p,ti Exi,%6•'r A •
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