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i . , <br />.,,. BOOK~BPIUiEOO~ <br />(c) of free access to, in, from and across the Land with any <br />• persons, tools, machinery and appliances, and also the right to <br />install, maintain, use and change buildings, tipples, railroad <br />facilities, conveyors, roads, haulage ways of all kinds, pumping <br />stations, pipelines, power lines, ditches, storage facilities, <br />substations, excavations, pits, openings, stockpiles, mine refuse <br />disposal areas, drains, dams, ponds, natural and/or artificial <br />watercourses, and any other facility and to undertake any other <br />thing or use necessary or convenient for coal mining operations; <br />(d) to use any and all waters (both surface and ground wa- <br />ter) on or under the Land as may be necessary, convenient or <br />incidental to coal mining operations, including, without limita- <br />tion, the right to use all existing water rights appurtenant to <br />• the Land and the right to establish and perfect in Lessee's name <br />in accordance with applicable laws of the state of Colorado <br />rights to use water on or under the Land as may be necessary, <br />convenient or incidental to mining operations, and the parties <br />agree that this Lease shall constitute evidence for purposes of <br />applicable laws and regulations of the state of Colorado of Les- <br />sor's specific consent to Lessee to the use and development of <br />ground water in any aquifer underlying the Land; and <br />(e) to the extent of Lessor's right, title and interest to <br />and in any sand, gravel or scoria, on or under the Land, to mine, <br />remove and use such materials, without payment of additional con- <br />sideration, for any use necessary, convenient or incidental to <br />Lessee's mining operations. <br /> <br />- 2 - <br />