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properly, upslrearn of the upstreamweir (hereinafter the "unmeasured section"), will <br />not be subject to measurement Through the use of the weirs. Platte shall own, <br />operate and maintain the weirs and clocks. Western's officers or agents shall <br />always have free access to be able to check the weirs and clocks. Any information <br />collected by a party from the weirs and clocks shall be preserved for al least 5 <br />years from the lime of collection, and shall be made readily available to the other <br />party upon request. <br />Z. Il is agreed that i( Plalle, al any lime during the course of dewatering for its gravel <br />mining operations, causes Western to lose any water from its ditch, any such loss <br />shall inunedialely be made up either ny Sharkey's Western shares, properly wells, <br />or any other rnelhod. for the purposes of this Agreement, "loss' shall be defined <br />exclusively as the difference between the flow reac)ings al the upslrearn weir and <br />clock and the downstream weir and clock, less agreed upon amounts for seepage, <br />evaporative loss, plus the pro rated loss of the "unmeasured section' of the Ditch, <br />as described below. <br />A. Evaporative loss shall be calculated using the standard method based upon <br />the estimated surface area of the ditch as it exists between the weirs. <br />Platte's engineer shall prepare the calculation, and Western's shall review. <br />Platte shall pay the reasonable costs of Western engineer's review. <br />F_vaporalive amounts shall be ayreed upon and fixed by the parties, after the <br />engineering review Iras been completed. <br />B. Seepage loss shall calculated al 30%, until such lime as the parties by <br />mutual agreement fix a different percentage. Plalle will measure the <br />seepage loss between the weirs for a total of five years, faking <br />measurements only dwing those times when no de-watering is occurring. <br />Once this data is collected, Platte will calculate the average seepage loss <br />over tyre five years, and submit such analysis to Weslem for review. <br />Western's engineer shall review Plane's conclusions, and the parties shall <br />agree upon a percentage to represent average seepage loss thereafter. <br />C. Plalle shall compensate Western for the loss to the unmeasured section due <br />to de-watering based upon apro-rated application of the loss rate calculated <br />for the measured section during any given lime period. The total losses due <br />to de-watering for the measured section of the ditch shall be divided by the <br />length or measured secllon in feel, to obtain a volumetric amount per foot of <br />ditch. Losses for the unmeasured section of the Ditch shall be the product <br />of the losses per tool on the measured section and the length of the <br />unrrleasured section in feel. <br />F.11(IM\WESiERN.MUf\Plalle Sandragreernen1010626.wpd 2 <br />