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;,~. <br />.~ <br /> <br />• MAY - $ 1g86 <br />WA1ER RESWRC~S <br />SiAZE • EN61ttFER <br />COIA- <br />AGREEMBNT <br />THIS AGPEEMENT, made and entered into this 18th day <br />of Maxch , 1986, by and between J Sa-r B, Inc. herein- <br />after referred to as "Owner") acid -:-the" Central Colorado Dater <br />•Conse a~ncy District and the • Groundt~iste]c ~•Ma~nagement Subdistrict <br />of th~ Central Colorado Water Conservancy District ihereiaafter <br />colle~t~.vely referred to as *Central") . • <br />w=TrtESSgrs: • <br />WHEREAS, Owner owns property described on Exhibit "A°, <br />attached hereto and made apart hereof (hereinafter. referred to <br />as 'the Property"), and has applied to Weld County for a Special <br />Use Permit and to the Colorado Mined Land Reclamation Boar-d for a <br />Mining Permit, to conduct sand and gravel operations on the <br />Property; and <br />WHEREAS, it is anticipated by "Central that the wining <br />operation$ iaay have an impact on the historical surface and <br />ground water patterns in the area and that the construction of <br />lakes, which are part of the reclamation plan, will result in <br />additions]: evaporation from open water surfaces which will <br />,adverse~.y affect Central unless said evaporation is augmented; <br />and <br />WHEREAS, Central has no objection to Owner's mining <br />operations and reclamation~if the concerns expressed above are <br />addressed and the" interests of Central are satisfactorily pro- <br />tected. <br />NOW, THEREFORE, in consideration of the premises and <br />the mutual promises and covenants of the parties hereto, IT IS <br />AGREED AS FOZLOWS: <br />• •1. Owner•shall conduct its mining .operations on the <br />Property in accordance with the mining and reclamation glan as <br />finally approved by Weld County and the Colorado Mined Land <br />Reclamation Soard, <br />2. Owner will file an application for water rights, <br />including storage rights, claiming that it has mad~s ara appropria- <br />tion of water, for any uses other than evaporation made upon the <br />Property using water from the lakes. <br />3. Owner will construct those lakes which it con- <br />structs pursuant to the approved Mining and Reclamation Plan in a <br />