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~ ~~ <br />Conservancy District. Said agreement is <br />recorded in the office of the clerk and ' <br />Recorder of weld County, Colorado. <br />The .conveyances of water rights provided for i.n this paragraph <br />shall be accoampli-shed privy to the co~amence~nent of mining. Owner <br />shall be entitled to rise the water repiese4ted by the water <br />rights ~described'on Exhibit "C" .until the.. lakes far which the <br />water -rights are to be used for augmentatfoa have been created. <br />7. Owner shall pay all assessments on the Rural Ditch <br />Company stock described in Exhibit "C", until" the transfer of the ,,~' <br />stock to Central,-and from that time oa Central shall pay all <br />assessments. Central shall-have-the right to vote the shares <br />transferred pursuant to this agreement. ' <br />8. Central shall withdraw all objections to the <br />Special IIse Application which. Owner has filed with Weld County <br />and consents that the same may be issued at the discretion of <br />Weld County. <br />9. Central shall withdraw all objections to the <br />gxantinq of the mining permit for-which Owner has applied to the <br />Colorado !!iced Land Reclamation Board and consents that the same <br />may be issued at the discretion of the Colorado Mined Land <br />Reclamation Board. - <br />10. Central shall not raise any objection to the <br />mining -or reclamation of the Property so long as the same is <br />'conducfied iu accordance with the grovisions hereof and the <br />approved mining and reclamation plans. -Central shall not com- <br />mence any litigation seeking injunctive or compensatory relief <br />arising therefrom except far a violation of the covenants and <br />agreements set forth herein. <br />11. Central and Owner agree that the stai-dards set <br />foxth in Ceatral`s Gravel Pit Augmentation Policy shall govern <br />their positidris with respect to any formal plan for augmentation; <br />in other ,words, Central agrees not to request additional augmen- <br />tation water, and Owner agrees- to waive any~clai.ms that it might <br />have to furnish less augmentation water, s~ibject to the provi- <br />sions of paragraph 4 hereof. <br />12.. In the event that no mining and reclamation plan <br />is finally approved by Weld County and/or the~Colorado Mined Land <br />Reclamation Board, that mining permits are not granted, and that <br />Owner does not .mine the property, this agreement shall, upon <br />written notification of Owner to Central of the same, be null si,ct <br />void, and all water rights which have been conveyed or assigned <br />-3- <br />