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( ~ <br />• 8. Lessors shall remove from irrigation during the term of this <br />lease twenty (20) acres of lands historically irrigated by Lessors using <br />water from the John C. Temple Reservoir rlo. 1. The location and <br />boundaries of the %0 acres shall be determined annually by Lessors and the <br />Division Engineer, or, in the event of a disagreement between them, by the <br />District Court, Water Division No. 6, State of Colorado. <br />9. Lessors agree to manage the storage of water in the Reservoirs <br />to enable the release of the full 54.4 acre feet of water per year, <br />undiminished by evaporation and seepage losses, and irrespective of normal <br />cycles of precipitation and drought. In the event, however, that an <br />unfcreseeable Act of God, including flood or drought, but not including <br />failure or breaching of the Emrich Reservoir dam, prevents Lessors from <br />releasing the full 54.4 acre feet of water in any year, Lessors shall not <br />be liable for any damages occurring to Lessee as the result thereof. <br />10. Lessors hereby consent to Lessee including the Subject Water <br />Rights in Lessee's Application for Approval of Plan for Augmentation to be <br />filed ire the District Court, Water Division No. 6, State of Colorado, and <br />consent to the court exercising jurisdiction over the Subject Water <br />Rights, the Reservoirs, and the lands irrigated thereby to the extent <br />consistent with the terms of this agreement. <br />11. This agreement shall benefit and be binding upon Lessors, <br />Lessee, and their respective heirs, successors and assigns. The burdens <br />and benefits of this agreement shall be deemed to be covenants running <br />with the respective lands of Lessors and Lessees described in the Recitals <br />of this agreement. <br />LESSEE: <br />Peabody Coal Company <br />y,,u <br />Title I,~ ~ <br />1 G/~ 1".'c ~, Jc•~' i <br />J <br />-3- <br />16-1-37 <br />