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<br />iii iiiiiiiiiiiiiiii <br />999 <br />~,FGENE~ CROSSING PERMIT AGREEMENT <br />AND CONSENT TO CONSTRUCTION MATERIALS <br />OCT 0 6 1999 OPERATION RECLAMATION PERMIT <br />„~x~$b~tn~permit and consent made and entered into this ~Cl~ day of 1 ' \LU. , <br />199 by and between Fulton Irrigating Ditch Company, a mutual imgation company ("Fulton ' and <br />CAMAS Colorado, Ina ("CAMAS"), <br />WITNESSES: <br />Fulton is the owner of certain real estate and operator of an irrigation ditch system consisting <br />of a river headgate diverting from the South Platte River on the easterly bank of the South Platte <br />River, a company house occupied by the Ditch Superintendent, George McDonald, a roadway <br />leading to the company real estate and house and an irrigation system comprising of the main <br />irrigation ditch of the Fulton Irrigation System and a lesser seepage ditch feeding into the Fulton <br />Irrigation System known as the Fulton Lateral or better known as the Bull Seep Ditch, all being <br />located in the W'/Z of Section 16, TS 2 South, R67 West of the 6`~ P.M., Adams County, Colorado. <br />WHEREAS, CAMAS desires to install a conveyor system to convey gravel across the <br />Fulton Ditch, the Fulton roadway, the Fulton Bull Seep Ditch and utilize the Fulton access road to <br />transport its trucks and equipment across the bridge over the Fulton Ditch, such bridge to be <br />constructed by CAMAS and to extend the Fulton roadway southerly across the Bull Seep Ditch to <br />construct a tum lane for its trucks and equipment. In addition, CAMAS has requested Fulton to <br />consent to the application by CAMAS for the granting of a Construction Materials Operation <br />Reclamation Permit with the Colorado Mined Land Reclamation Boazd, and <br />WHEREAS, such mining operation by CAMAS shall extend for a period of l0 to 12 yeazs <br />according to the best estimate of CAMAS at the present time. <br />NOW THEREFORE, Fulton does hereby consent to such Reclamation Permit and does <br />hereby grant to CAMAS crossing permits to construct a bridge over and across the Fulton Ditch and <br />to utilize Fulton access roadway and to install a conveyor system to convey sand and gravel, all in <br />accordance with and at a location indicated on the plans and plats labeled FULTON DITCH <br />"ACCESS ROAD AND CONVEYOR CROSSING", incorporated herein by reference, subject to <br />the following terms, provisions and requirements. <br />1. CAMAS agrees to hold harmless Fulton from all claims, demands and litigation <br />resulting from the installation, operation and utilization of this equipment and <br />utilizing such roadway and conveyor system. <br />2. CAMAS shall not interfere with the delivery of irrigation water by Fulton in its <br />imgation ditch or in the Bull Seepage Ditch. <br />C:\My Documenrs\Ditches\Fulton\CrossPmt\CAMAS.pmt.doc <br />