2009-11-03_HYDROLOGY - M1977036 - Laserfiche WebLink

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_ i •o I I i 4. Boyd and Freeman Augmentation Station. Greeley agrees to use best efforts to design, obtain Division of Water Resources approval for, and construct the j Boyd and Freeman Augmentation Station at its expense for use to deliver Augmentation Water commencing in April 2009. The Boyd and Freeman Augmentation Station shall; , be owned by Greeley, is preliminarily proposed to be located on Greeley property north of the Rover Run dog park, and shall be designed and constructed to deliver water at a. _ flow rate equal to or greater than Lafarge's pro rata share of the total rate of flow currently decreed to the Boyd and Freeman Ditch and available under the Boyd and ? Freeman Ditch Water Rights. Lafarge agrees to cooperate with Greeley in obtaining approvals for the Boyd and Freeman Augmentation Station. 5. Negotiations for Gravel Pit Storage Facilities. The parties agree to pay one-half each of the costs of a study to be performed by Lyman-Henn or another mutually acceptable consultant to evaluate the feasibility and cost of constructing and operating lined water storage facilities and associated structures from gravel pits located or to be located on Lafarge's 35th Avenue Pit site, or on other nearby sites in which Lafarge has obtained or may in the future obtain a gravel mining lease, including without limitation Greeley"s F Street Reservoir site. The precise scope of work of the study shall be agreed upon by the parties in advance. The parties estimate that such study will take approximately four months to complete. Following the completion of such study, the parties will discuss the study and a possible second transaction involving Greeley's acquisition of such facilities or the right to construct and operate them in exchange for Grecley's long-term lease of additional Augmentation Water to Lafarge or other consideration. Greeley shall have the exclusive right to negotiate with Lafarge concerning such, acquisition for 12 months following the parties' receipt of such study. : 6. Lafarge Junior Water Storage Rights. Lafarge agrees to use best efforts (as fiuther-limited herein) to obtain a decree in the application for junior conditional water storage rights, for 35th Avenue Reservoir currently pending in Case No. 98CW476? Water Division No. 1, with decreed uses that include a) the replacement of evaporative' losses from all sand and gravel mining sites currently owned by Lafarge, from other sand and gravel mining sites located or to be located between the headgates of Greeley Canal; No. 3 and the Ogilvy Canal in which Lafarge may have or assume any responsibility for I replacement of such losses, or from the 1~ Street Reservoir, 8th Street Reservoir, and Flatiron/Greeley West Pit sites, and b) the replacement of return flow obligations decreed or to be decreed as conditions of the approval of any change of water right that makes { such right legally available for the replacement of any such losses, including changed water rights originally decreed to Greeley Canal No. 3 and associated with shares of stock in the Greeley Irrigation Company. Greeley agrees not to 0 ppose the entry of a decree in such application that contains these terms, and to discuss with Lafarge possible. j strategies to obtain such a decree. If Lafarge obtains such a decree and the parties successfully negotiate a subsequent transaction involving Greeley's. acquisition of the t i right to water storage facilities described in the preceding paragraph, Lafarge and Greeley agrees to negotiate in good faith, as part of such transaction, Greeley's acquisition of a ` . pro rata interest in the decreed junior conditional rights upon payment by Greeley of such 4