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• ~ ~~,~~ <br />~~ ~~~ <br />~;.. ,,; <br />PUMPING AGREEMENT ~ ~y ~~.` <br />... <br />M ~~ <br />`A rn <br />THIS AGREEMENT is entered into between the Laer arfi~ Weld <br />Irrigating Company, hereinafter referred to as L&WIC'• .and C'~'rarles ','~''- <br />R. and Connie Lou Nauta, hereinafter referred to as ta; this ~:~'' <br />day of October, 1985. ~6 <br />These factual representations are made: :~J <br /> <br />1. Nauta owns real property located in Larimer County, Colorado, <br />being the Southeast 1/4 of the Southwest 1/4 of Section 33, Township <br />8 North, Range 69 West of the 6th P.M, except that portion conveyed <br />per document in Sook 480 at Page 567 of the Larimer County <br />records. This property is used primarily for a gravel and sand pit <br />mining or excavation operation and it is necessary or desirable <br />to this operation that water is being from time to time pumped <br />from the depressions created in the ground. <br />2. Nauta desires to pump these waters from time to time out <br />of the pit or pits located on the aforedescribed real property into <br />the ditch owned and operated by L&WIC which runs through the lands <br />of Nauta or adjacent thereto which ditch is commonly referred to <br />as the "Eaton Ditch.° <br />3. L&WIC is willing to receive these pumped waters from time <br />to time under the terms and conditions as set forth in this Agreement. <br />IN CONSIDERATION of the promises herein contained, and the <br />payment of $10.00 from Nauta to L&WIC and such other good and valuable <br />consideration, the sufficiency of which is hereby agreed to, <br />the parties agree as follows: <br />4. Nauta may pump waters from the pits located on its ground <br />into the ditch owned by L&WIC. Any damage to the ditch or maintenance <br />required by this pumping shall be repaired to the reasonable <br />satisfaction of L&WIC by Nauta upon reasonable notice. If Nauta <br />fails to perform in this regard such repairs or maintenance may <br />be performed by L&WIC and the cost thereof shall be timely paid <br />by Nauta. <br />5. L&WIC may impose conditions, rules, or restrictions concern- <br />ing the pumping of these waters into its ditch as it, in its <br />sole discretion, considers necessary including: <br />a. Require Nauta to give prior notice to L&WIC of its <br />intent to commence pumping. <br />b. The length of time of pumping operation <br />and the approximate quantity of water to be pumped into <br />ditch over an increment of time. <br />or operations <br />the <br />Page 1 of 3 <br />