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•,. <br />good and warkiaaaliice manner and will equip the lakes with such <br />structures as are required by law. <br />• 4. Owner agrees to augment the South Platte R~yer,in <br />accordance with the gravel pit angxnentation policy of Central, <br />•thereby' preventing injury to othe~c water users, by conveying to <br />Central •an amount of -grater .,equal to 2..1 ache-feet of consumptive <br />use water toz each of ~the.• "106.7' surface aieas of lake for- which <br />augmentation water is requited. Owner's plans call for the <br />construction of approximately 126.7 surface acres of lake, of <br />which augmentation water is required for only 105.7 acres because <br />the other 20 acres were historically sub-irrigated a.nd had a <br />historic evaporation loss equal to' the amount of evaporation loss <br />from the proposed takes. If,•at the end of its mining operations <br />on the property, Owner has constructed lakes having more or less <br />than 105.7 surface acres, Central shall convey to Owner any water <br />wbich has been conveyed to Central by Owner over and above the <br />amount determined by multiplling the nuiaber of surface acres of <br />lakes for which augmentation is required by 2.1 acre-feet, or, if <br />necessary, Owner shall convey to Central additional water in <br />order •to equal the amount of 2.1 acre-feet for eac~- surface area <br />of lake constructed for which augmentation water is required. A <br />map of the reclamation plan for the property setting forth the <br />Lake Evaporation Replacea-ent Schedule.agreFsd upon by the parties, <br />together with a graphic represeataticin of the location of the <br />105.7 acres for which augmentation water is required .to be <br />provided and the location of the•28 aces for which augmentation <br />water is not required to be provided is attached hereto as <br />Exhibit "B" and is made a part hereof. <br />5. Owner further agrees that the water rights which . j <br />shall be used for augmentation in compliance with .the foregoing J <br />provisions and. in .compliance with the gravel pit augmentation <br />policy of Central shall be the water rights described on Fahibit <br />"C", or other water rights acceptable to Central. <br />6. In order to implement the provisions. o£ this <br />agreement, the .water rights 'described on Exhibit "C" shall be <br />conveyed to Central by deed or appropriate stock transfer, and <br />any deed of conveyance or stock certificate issued to Centzal <br />shall bear the following notation: ' <br />These water rights (shares] and the uses of <br />water attributable thEreto are zestricted by <br />ran agreement dated March is , <br />19 8 6 entered into between J Bar B , Inc . and <br />the Central Colorado Water Conservancy <br />District and the Groundwater Management• <br />Subdistrict of the Central Colorado water <br />-2- <br />