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(4) A "Dry -Up Covenant" in recordable form satisfactory <br />to Centennial in which Cooley shall agree either to <br />remove permanently from irrigation the lands <br />historically irrigated with water delivered under <br />Cooley's Nevada Ditch shares or to certify that <br />such lands have already been dried up and that they <br />will remain dried up; and <br />(S) An "Affidavit Regarding Historic Use" satisfactory <br />to Centennial certifying the historic use of the <br />water available under the subject shares and <br />describing the historically irrigated lands on <br />which the subject shares were used. <br />B. Centennial shall provide to Cooley up to 30 acre -feet per <br />year of augmentation water pursuant to the Agreement to <br />Lease Augmentation Water attached as Appendix C hereto. <br />C. The conveyance of Cooley's Nevada Ditch shares in <br />exchange for a lease of up to 3o acre -feet of <br />Centennial's augmentation water shall be contingent upon <br />Centennial's satisfac :ion that Cooley has good title to <br />the Nevada Ditch shares; that the stock certificates <br />representing the subject shares can be transferred to <br />Centennial's name on the books of the Nevada Ditch <br />Holding Company; that the right -to water evidenced by <br />Cooley's Nevada Ditch shares has not been abandoned; that <br />there is satisfactory evidence regarding the historic use <br />of such water; and that the lands historically irrigated <br />by the subject shares have been or will be dried up so as <br />to enable Centennial to use the subject shares and so to <br />.that water under the shares is actually da after the <br />Centennial. Therefore; within thirty <br />date of this agreement, Cooley shall: <br />(1) Furnish evidence acceptable to Centennial <br />demonstrating Cooley's title to the subject shares; <br />(2) Furnish to Centennial an abstract of title to the <br />land on which the water delivered under the subject <br />shares has been used certified to a current date; <br />and <br />(3) Furnish to Centennial any records or other evidence <br />in Cooley's possession or available to Cooley <br />regarding the historic use of the water available <br />under Cooley's Nevada Ditch shares. <br />2 <br />