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Mar 04 10 02:12p Summit Engineering <br />17195896633 p.7 <br />1. Participant hereby registers the well(s)and(s) described on the <br />attached information sheet as part of the District augmentation plan approved by the Water <br />Court in Case No, 95CW024, subject to the terms set forth herein. <br />2. Participant hereby pays and District acknowledges receipt of <br />payment in the amount of $ j r as an initial registration fee for participant's well(s). <br />Participant further agrees to pay an annual operation fee approved by the District, on a per <br />acre-foot basis. The annual operation fee for the first year is due and payable at registration <br />and annually thereafter on or before May 1_ of each year. If subsequent payment of the <br />annual operation fee is not received by the District by the deadline specified above, this <br />agreement shall automatically terminate and the Division Engineer shall be notified that <br />participant's well(s) is/am no longer covered by District's augmentation plan. In that event, <br />such wells will be subject to separate administrative and enforcement action by the State <br />Engineer. Any renewal of coverage by participant after a lapse of payment and coverage <br />will require reimbursement for intervening years of non-coverage, or such lesser <br />reimbursement as negotiated with the District. <br />3, This agreement and certificate shall be provided by the District to the <br />Division Engineer for a determination of whether the proposed well(s)/pond(s) is (are) of a <br />type and in a location such that the well(s) may be included in the DistricVs plan for <br />augmentation in Case No. 95CW024. The District shall adhere to the findings of the <br />Division Engineer regarding participant's eligibility to participate in the plan. <br />4. Participant shall be responsible for filing any well permit <br />applications with the Division and State Engineers and for obtaining any well permits <br />required by the State for construction and use of the well(s)/pond(s). <br />5. Pursuant to the Court's decree, the State Engineer will consider the <br />findings and recommendations of the Division Engineer and the information contained in <br />this agreement in evaluating participant's application for well permit(s). Participant <br />specifically acknowledges that the State Engineer's evaluation will be based upon the criteria <br />decreed in Case No. 95CW024 and his authority under 337-90-137(2), C.R.S. including the <br />design, construction, location, and permitting of such wells, including minimum spacing <br />requirements, in order to prevent injury to other wells and water rights. This agreement <br />does not guarantee that a well permit will be issued. <br />6. If a well permit or other approval is issued by the State Engineer <br />recognizing the right of the participant to construct and use such well(s)/pond(s) pursuant to <br />the District's augmentation plan, then the District will provide augmentation attert to replace be <br />the consumptive use depletions from such well No augmentation <br />provided except for permitted uses on participant's property located within the boundaries of <br />the District and within the augmentation plan area described in Case No. 95CW024 as <br />described on the attached information sheet. <br />7. The developer is responsible for insuring an adequate water supply to <br />comply with Conejos County Subdivision Regulations 3 2.2.2,5, if an adequate supply in