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<br />from the site. CENTRAL will provide year round augmentation of these uses not to exceed the historic <br />consumptive use of the 60 shares. In the event that the 60 shares of the Lupton Meadows Ditch <br />Company is not sufficient to fully replace depletions attributable to such uses, Weld County shall make <br />additional water or water rights available to CENTRAL, from a source acceptable to CENTRAL, to the <br />extent necessary to replace such depletions in time and amount, provided; however, any insufficiency <br />in the replacement water supply due to timing of replacement during the months of October through <br />April shall be addressed by CENTRAL. <br />5. The Koenig Pit has not yet been completely mined by Weld County and Weld County shall retain the <br />right to mine and remove sand and gravel. Weld County agrees to excavate sufficient material to <br />leave a minimum storage capacity of 900 acre feet upon completion. Weld County agrees it will use <br />it's best efforts to mine all the gavel that it is economically feasible to mine so as to increase the <br />storage capacity above 900 acre feet. To assist in the excavation down to shale, Central agrees to <br />complete a slurry wall around the perimeter of the pit by December 31, 2000, the purpose of which <br />is to decrease the need for dewatering of the mining area. To avoid any damage to the slurry wall, <br />in consultation with Weld County and in accordance with existing permits, CENTRAL shall designate <br />the point at which Weld County shall have access for mining across the slurry wall and Weld County <br />shall be limited to that point of access. <br />6. Once the slurry wall is complete CENTRAL shall bear all the expense to keep the pit dewatered. <br />CENTRAL, however, shall only be required to dewater the pit 90 days after advance written notice <br />from the COUNTY of the need for dewatering to facilitate mining. CENTRAL may use the pit for <br />storage of water at such times storage use does not interfere with Weld County's ability to mine. The <br />parties agree that dewatering shall be done at a time and in a manner so as to maximize the beneficial <br />use of CENTRAL's water stored in the pit. If mining ceases and CENTRAL uses the pit for storage, <br />Weld County shall give CENTRAL 90 days written notice of intent to resume mining so CENTRAL ran <br />evacuate it's stored water and make beneficial use of the same. <br />PERMITS -COUNTY shall be responsible for maintaining all necessary State, County, and Federal <br />permits for the operation on the subject premises at its own expense except for the water <br />augmentation provisions of paragraph 6 of the July 6, 1998 agreement . COUNTY shall exercise <br />reasonable diligence in maintaining all necessary permits. The operation on the premises shall be <br />conducted in compliance with those permits as may be determined by the agency legally responsible <br />for enforcing those permits. CENTRAL agrees to cooperate with COUNTY, and not to interfere with <br />the COUNTY'S compliance wilh said permits and to execute any necessary documents to assist <br />COUNTY in maintaining the necessary permits. Notwithstanding the foregoing, CENTRAL shall be <br />responsible for any environmental mitigation measures or permits occasioned by the installation of <br />the slurry wall. <br />8. PROTECTION AND RESTORATION OF SURFACE -COUNTY will be responsible for restoring the <br />premises in accordance with a reclamation plan approved by the Colorado Mined Land Reclamation <br />Board or Division as determined by that agency. CENTRAL shall be consulted by the COUNTY <br />regarding the execution of the Plan and shall cooperate with COUNTY and assume the costs of <br />seeking any amendments of said Plan occasioned by the conversion of the Koenig Pit to a water <br />storage facility and the installation of the slury wall . <br />9. REMOVAL OF IMPROVEMENTS AND EQUIPMENT -All improvements and equipment placed on <br />the leased premises by COUNTY, except fences, and gates, shall remain the property of COUNTY <br />and COUNTY shall have the right to remove such property prior to the expiration of this Lease. <br />10. INDEMNIFICATION -COUNTY agrees to indemnify CENTRAL against liability on all claims for <br />damages and injuries to thins persons orthird persons' property claimed to have resulted from the acts <br />or omissions of COUNTY or its agents or employees in conducting the mining operation during the <br />F:IKIFTCCWCIKOENIGICENGR4V. W PD <br />Mining Lease, Page 2 of 5 <br />