2010-04-15_HYDROLOGY - M1979097 - Laserfiche WebLink

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z 4, Bo d and- Freem Au a Cation Station. Greeley agrees to use best . efforts to design, obtain; Division of Water Resources approval for, and construct the Boyd and Freeman. Augmentation Station at its expense for use to deliver A ugmentatiof •. • Water commencing in 4ri12049. The Boyce, and Freeman Atigmentatiori Station'shal£` , s' be owned-by Greeley, is preliminarily proposed to he located on Greeley property north' of the Rover Run dog park, and shall be designed and conistructed to deliver water at a, flow rate -equal to or greater than Lafarge's pro rata share of the total rate of flow contently decreed to the Boyd and Freeman Ditch and available under the Boyd and Freeman Ditch Water Rights. Lafarge agrees to, cooperate with Greeley ui obtaining approvals for the Boyd and Freeman Augmentation Station. xF . 5. Negotiations for Gravel P'tr Storage Facilities. The parties agree to pay one-half each of the costs of a study to be perfoxmeci by Lyman-Henn or another mutually acceptable consultant to evaluate the feasibility and cost of constructing and operating water stn ' rage facilities and associated structures from gravel pits located, ' or to be located on Lafarge's 35thAvenue Pit site, or on other nearby sited 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 Addy shall be agreed upon by the parties in advance. The parties estimate that such st dy will take; approximately four monf to complete. Following the completion of such study, the parties will discuss the study and a possibI- second transaction involving Greeley's aoquiktiori of such facilities or the right to construct and, operate them in exchange for Crreeley's long-term lease of additional Augmentation ater to Lafarge or other considcrit4ou. Greeley shall have the exclusive right to negotiate with Laarge • ` concerning such'acquisitiob'for 12 months following the parties' receipt of a eh study.'..'. 6. l .afarae Junior Water, Storage Rights. Lafarge agrees to use best efforts-"" (as furtherlimited 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.ourrently owned by Lafarge, from other sand and gravel mining sites located or to be located between the headgetes of Greeley Canal., No. 3 and the Ogilvy Canal in which Lafarge may leave or assume any responsibility ;fo replacernebit of such losses, or from the ,1~ Street Reservoir, 8th Street Reservoir, and Flatb-nn/.Greeiey West ? it 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 kr-. stock in the Greeley Irrigation; Company. Greeley agrees not to oppose the entry of a decree in-such application that contains these terms, and to discuss.with Lafarge possible 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 Tight 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 e 1 • .j I