2010-01-11_GENERAL DOCUMENTS - M2001069

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Apr 03 09 09:11a Water Office 7198525958 r AGREEMENT .-7 f THIS AGREEMENT is made and entered into this / day of 2009 between Asphalt Constructors Inc. ("Asphalt") and the Rio Grande Canal Water Users Association (the "Association") WHEREAS, Asphalt Constructors Inc. is the owner of a gravel pit located adjacent to Rio Grande Canal Lateral No. 1 in approximately 25 acres in the NE %, SE %, Section 21, Township 40 North, Range 6 East, N.M.P.M., Rio Grande County; and WHEREAS, the Association is the owner of the Rio Grande Canal, a system of irrigation ditches and laterals, and operates this system to deliver water to its shareholders for use in the irrigation of lands in the San Luis Valley; and p.2 WHEREAS, the Association desires to use the area of ground encompassed by the gravel pit as a recharge facility; and WHEREAS, certain water rights are decreed to the Rio Grande Canal; and WHEREAS, in case No. W-3979, Water Division No. 3, State of Colorado, the Association individually, and in Case No. 79CW91, Water Division No. 3, State of Colorado, the Association as a member of the Rio Grande Water Users Association, obtained judicial confirmation of the historical practice of making surface diversions to be used to recharge the groundwater aquifers in order to facilitate the irrigation of lands; and WHEREAS, the parties desire to cooperate with one another in undertaking to utilize the area encompassed by the gravel pit for a recharge facility pursuant to the provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, the parties agree as follows: 1. The area of ground heretofore encompassed by Asphalt's gravel pit shall hereafter be used as a recharge facility pursuant to the terms of this Agreement. RECEIVED JAN 1 1 2010 Durango Field Office Division of Reclamation, Mining and Safety