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<br />Agreement between MVIC and Four States Aggregates LLC <br />"[ ~til <br />r`7.u , z- <br />~~~ ~ <br />~~~u~ z ., <br />This agreement acknowledges that Montezuma Valley Irrigation Company <br />(MVIC) is the owner of Groundhog Reservoir. Mr. Duva11 Truelson is the owner <br />of Home Ditch; which is priority D-3 on the Dolores River above McPhee <br />Reservoir. Mr. Truelsen proposes to dry-up up to 23+ acres of those lands <br />historically irrigated under Home Ditch. Four States Aggregates LLC (Company) <br />propose to use those irrigation consumptive use credits against depletions <br />caused by operation of the gravel mining operation operated by the Company <br />known as Line Camp Gravel Pit, on Mr. Truelsen's irrigated land. The gravel <br />mining operation is located in Sections 22 and 27, T38N R1AW, 10~h (NM) <br />Meridian, Montezuma County, approximately 9 -miles upstream from the Town of <br />Dolores, on the Dolores River. <br />MVIC agrees to exchange those consumptive use credits up to Groundhog <br />Reservoir and release those credits, as required by the Division Engineer, to <br />replace depletions from the mining operation that impai;t the Dolores River when <br />the Home Ditch water right is out of priority or not in its historical season of use. <br />Mr. Truelson agrees to sell/provide those excess consumptive use credits that <br />are exchanged up to Groundhog Reservoir that are not required for immediate <br />release and a reasonable reserve. <br />By signature of this agreement MVIC and the Company acknowledge that they <br />understand and agree to the above terms. <br />Dated this day of May, 2002. <br />~/1'I~' J~ l~vt® 7v1Q <br />~! 1- <br />for <br />I ~-P~1~1 ~~ .Montezuma Valley Irrigation Company <br />%1 P ~~ <br />Manager, for <br />Four States Aggregates, LLG . <br />