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procedures set forth in this Paragraph as often as it is needed as according to 2C, during the term of <br />this Lease. <br />C. All of the water released to Bowie for Terror Creek's benefit under the <br />Overland Shares (less transit losses between the point of release and the place of use, if any) during <br />an Exclusive Control Period shall be used for agricultural irrigation ;purposes on lands in the Terror <br />Creek drainage. Bowie intends to make water attributable to the Overland Shares available to <br />persons who irrigate lands in the Terror Creek drainage and whose irrigation water may be <br />adversely impacted by Bowie's coal mining activities in the vicinity of such irrigated lands. <br />Accordingly, Lessor agree that water released for Bowie's benefit under the Overland Shares may <br />be used for irrigation purposes on lands of third pasties. Bowie shall not initiate or continue an <br />exclusive control period unless it's own reining activities has resulted in damage to the Terror <br />Reservoir, Terror ditch system or the Terror Creek drainages system such that Terror Reservoir <br />irrigation water can not be delivered to the Terror shareholders. Bowie shall not use water released <br />under the Overland Shares for purposes other than irrigation purposes: Bowie shall not use water <br />released under the Overland Shares of on land other than lands in the Terror Creek drainage, <br />without the prior written consent of Lessor. <br />D. Bowie agrees not to abandon all or any portion of the water rights represented <br />by the Overland Shares, nor to act or fail to act in such a manner that could be construed to be an <br />of abandonment of all or any portion of such water rights. <br />E. Lessor shall notify the Reservoir Company that Bowie has leased the <br />Overland Shares. The parties will cooperate with each other to notify the Reservoir Company of the <br />times when each of there are entitled to use water and call for releases under the Overland Shares. <br />Whereas Overland Ditch and Reservoir Company policy requires the owner of the water to notify <br />them of any change in point of release from the ditch, it shall be !Lessor responsibility to schedule <br />releases of water to which Bowie is entitled under the Overland ,Shares during Exclusive Control <br />Periods. <br />F. Bowie shall not be liable for damages to Lessor's crops or other injuries or <br />losses suffered by Lessor resulting from the inability of Lessor to use water under the Overland <br />Shares during Bowie's Exclusive Control Periods. <br />3. Rent. The rent for the Overland Shares shall be in the following amounts and shall <br />be paid as follows: <br />A. Bowie shall pay Lessor a base rental of -'Thousand Dollars <br />per year. The first base rental payment shall be made on or before May 1, 2008, and <br />subsequent base rental payments shall be made on or before March 1 of each year thereafter while <br />this Lease is in effect. This base rental shall be paid regardless of whether Bowie causes any water <br />to be released for its use or benefit under the Overland Shares. <br />