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� y <br /> L COOo'_C 129 ::' . 7 09: '_.3 An f•;EAL ESTATE (,40 iDS <br /> ,=1457 CNARLO' iL iOUSION BOULDER L'N,TY CO RECORDER <br /> d <br /> .RZO 89546 AGREEMENT REGARDING SAND AND GRAVEL MINING <br /> AND AUGMEHTATION AGREEMENT PERTAINING THERETO <br /> 1. PARTIES. The parties to this Agreement are HAROLD E. NELSON and <br /> LAYERNA J. NELSON, owner, ("Nelsons") , and THE SAINT YRAIR 3 LEFT HAND <br /> WATER CONSERVANCY DISTRICT, ("the Conservancy District") . <br /> Z. RECITALS. Nelsons own property in the Northeast Quarter, Section <br /> 31, Township 3 North, Range 67 West of the Sixth Principal Meridian, Weld <br /> County, Colorado, described on Exhibit A and incorporated herein by <br /> reference. Nelsons have entered into a lease allowing the Varra <br /> Companies, Inc. ("Varra") , to mine sand and gravel from the property <br /> described in Exhibit A. Varra has applied to and received from Weld <br /> County a special use permit and has applied to and received from the <br /> Colorado Mined Land Reclamation Board a mining permit, to permit it to <br /> conduct sand and gravel mining activities on the property. Furthermore, <br /> the parties acknowledge that the construction of lakes, which are part of <br /> Varra' s reclamation plan , will result in additional evaporation from open <br /> water surfaces which will adversely affect the Conservancy District / <br /> unless augmented. <br /> The Conservancy District has no objection to Varra's mining operations <br /> and reclamation of the property if the concerns expressed above are <br /> addressed and the interests of the Conservancy District are satisfacto- <br /> rily protected. Nelsons have agreed to protect those interests and the <br /> purpose of this Agreement is to set forth the specific agreements of the <br /> parties. <br /> 3. NELSONS' AGREEMENTS. Nelsons agree as follows; <br /> a. To augment St. Vrain Creek, in accordance with the water <br /> augmentation policy for gravel pits of The St. Vrain d Left Hand Water <br /> Conservancy District, thereby preventing injury to other water users, by <br /> conveying to The St. Vrain b Left Hand Water Conservancy District an <br /> amount equal to two acre feet of water for each new surface acre of lake <br /> constructed. Varra's current plans call for the construction of five <br /> ponds with a total of 80 surface acres. If, at the end of its mining <br /> operations on the property, Varra has constructed lakes having more or <br /> less than this number of surface acres, the Conservancy District shall <br /> convey to Nelsons all water which has been conveyed to the Conservancy <br /> District by Nelsons over and above an amount determined by multiplying <br /> the number of surface acres of lakes by two acre feet or, if necessary, <br /> Nelsons shall convey to the Conservancy District additional water in <br /> order to equal the amount of two acre feet for each surface acre of lakes <br /> constructed. Nelsons shall be given credit for existing water surfaces <br /> on the property. <br /> Nelsons further agree that the water rights which shall be conveyed in <br /> compliance with the foregoing provisions and in compliance with the <br /> gravel pit augmentation policy of The St. Vrain L Left Hand Water <br /> B 1147 REC 02089548 02/24/87 16: 36 $18 . 00 1/006 <br /> F 1043 MAR: ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO <br /> Exhibit "D" "41 <br />