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WATER AGREEMENT <br />Ct <br />'THIS WATER AGREEMENT, dated this r day of 1'l U-1 20t}$; <br />entered into by and between the City of Greeley, acting by g <br />and throe i ter and <br />Sewer Board ("City', and Lafarge West, Inc., a Delaware corporation {"Lafarge"). <br />RECITALS <br />A. Lafarge owns approximately 370 acres located in Sections 34 and; 35, <br />Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, as more y <br />specifically described in the attached Exhibit A (the "35t" Avenue Pit Site'. <br />B. Lafarge conducts saiid and gravel mining and related activities on the 35 h <br />-Avennue Pit Site and on other sites located in the South Platte River basin.: Lafarge <br />requires augmentation and replacement water to replace water depletions that occur tole <br />South Platte River and its tributaries as a result of such activities. <br />C. Lafarge and the City are both shareholders in the Boyd Irrigation Company, aye t . <br />mutual ditch company that owns water rights decreed to divert water from the Cache.W-" <br />Poudre River into the Boyd and Freeman Ditch, and both parties own land historically <br />' irrigated by such water rights: <br />D. Lafarge's mining operations have created, and may in the future create, <br />opportunities for lined gravel pit reservoirs that could be useful to the City. ''• <br />E. Lafarge is willing to transfer its Boyd Irrigation Company shares to the City in <br />exchange for a permanent lease of augmentation and replacement water from the City,' <br />and the City is amenable to such an arrangement, as more particularly described herein: . <br />Both parties also wish to study and discuss opportmities for construction of lined gravel`; <br />pit reservoirs in the vicinity of the 35a' Avenue Pit Site, as more particularly described <br />herein. : - <br />WHEREFORE, in consideratioA of the mutual promises contained herein,* City an&. <br />Lafarge hereby agree as follows: <br />I <br />r:'r'i