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L <br />~T_......~ . __. __..y,.....Y <br />12055 W, Sacor.+d Play • P.O.9o=15698 • Lakewood, Colorado 80215 • Telephone (30.3) 389.6037 <br />GEOFFREY WESTON <br />vrcerweewerrt• oevacne-rt <br />June 1, 1988 <br />~~ <br />Mr. Jim Tatum <br />8703, Bonhanuaa <br />eouaton. Texas 77074 <br />Dear•Jim, <br />Pursuant to our conference today, we have ag=eed that North <br />Central Energy Company and/or Wyoming Fuel Comply will cooperate <br />with you in your efforts to try to achieve the following: <br />1)~ Either 6y a trade or an epual cost leasing arrangement, <br />transfer delivery of 2 c.f.s. of your water from <br />Maxwell No. 9 Ditch to ua ,and transfer delivery of 2 <br />c.f.a. o! our water from Maxwell No. 11 Ditch to you. <br />• This will not include a transfer of water rights <br />priority numbers and if priorities disallow us from <br />taking any or all of the 2 c.f.s. from Maxwell No. 9 <br />Ditch, then we may take a similar amount from Maxwell <br />No. 11 Ditch for the period, of shortfall. <br />2) To obtain adjudication allowing restoration of <br />irrYgation to your 42 dried-up acres located <br />approximately one-half mile NW of Tomes in exchange =or <br />drying up altetnate acreage further downstream. <br />In the event of success in thin matter, NCE/WPC agrees <br />that we will jointly use our best efforts to either <br />tranafsr, trade or lease 1 c.f.a. of water for <br />. irripatinp the 42 acres. <br /> <br />Furthermore,, we have agreed that in exchange for our <br />cooperation in the above matters that you will immediately <br />execute the Waiver of Notice dated May 19, 1988, sent to the <br />Weatsrn Bank and copied to you, whereby you consent to Wyoming <br />Fuel Company commencing to mine under the `Bill Chavez" tract <br />(Picketwire Ranch). <br />PLAINTIFFS <br />EXHIBIT <br />xx <br />