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property, upstream of the upslrearn weir (hereinafter the "unmeasured section"),will <br />not be subject to measurement through the use of the weirs. Plane shall own, <br />operate and maintain the weirs and clocks. Western's officers or agents shall <br />always have (ree access to be able to check fhe weirs and clocks. Any information <br />collected by a party from the weirs and clocks shall he preserved for al least 5 <br />years from the lime of collection, and shall be made readily available Io fire other <br />party upon request. <br />2. Il is ayreed Thal if Platte, al any lime during the course of dewatering for its gravel <br />mining operations, causes Western Io lose any water from its ditch, any such loss <br />shall immediately ba made up either by Sharkey's Weslem shares, pl'opelly W©Ils, <br />or any other method. Por the purposes of this Agreement, "loss" shall be defined <br />exclusively as fhe difference between the flow readings al the upstream weir anc.l <br />clock and the downstream weir ancf clock, less ayreed upon amounts fur 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 lire standard method based upon <br />the estimated surface area of fhe dilclr as it exists between the weirs. <br />Plane's engineer shall prepare the calr..ulalion, and Western's shall review. <br />Platte shall pay the reasonable costs of Western engineer's review. <br />Evaporative arnounls shall be ayreed upon and fixed by the parties, after Ilre <br />engineering review has been completed. <br />Q. Seepage loss shall calculated al 30%, until such time as the parties by <br />mutual agreement fix a different hercentaye. Platte will measure the <br />seepage loss between the weirs for a total of five years, taking <br />measurements only during those times when no de-waleriny is occurring. <br />Once this data is collected, Plalle will calculate the average seepage loss <br />over the five years, and submit such analysis to Western for review. <br />Western's engineer shall review Plane's conclusions, and the liarlies shall <br />agree upon a percentage to represent average seepage loss Ihereafler. <br />C. Platte shall compensate Western for the loss to the unmeasured section clue <br />to de-watering based upon apro-rated application of the loss rate calculated <br />for the measured section during any given lime period. T he total losses due <br />to de-waleriny for the measured section of the ditch shall be divided by the <br />length of measured section in feet, to obtain a volumetric amount per root of <br />ditch. Losses for the unmeasured section of the Ditr..h shall be the product <br />of the losses per fool un the measured section and Ure length of the <br />unmeasured section in feet. <br />r:V<IMIWES7ERN.MUnPlalle Sandragieemenl Ot(~26.wpd 2 <br />