2010-04-15_HYDROLOGY - M1979191 - Laserfiche WebLink

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_6 I Transfer and Leaseback of Boyd and Freeman Ditch Water,Rights t ^ As `'.. full consideration and rent for the permanent lease of the Augmentation Wafer described in Section 1 (subject to an assignee's possible obligation to pay the storage and pumping fee upon assignment described in Section 2), Lafarge agrees to transfer, convey and assign by bargain and sale deed, stock assignment and irrevocable stock power to Crreeley all of its right, title and interest in water rights decreed to the Boyd and Freeman Ditch: and associated with its 550 shares.of stook in the Boyd Irrigation Company (the "Boyd,,, t and Ffeeman Ditch Water Rights") within 15 days of the effective date of this Agreement Lafarge shall also execute covenants prohibiting irrigation of its 3 5th Avenue Pit Site with any water available under shares of stock in the Boyd Irrigation Company __ except as may temporarily be required to allow Lafarge to meet its reclamation ` r obligations under the mining permit for the 35th Avenue Pit Site, -In partig satisfaction of Greeley's Augmentation Water lease obligation in Section l hereof, Greeley may elect to make Augmentation Water available to Lafarge under the Boyd and Freeman Ditch„, Water Rights for use in Lafarge's Substitute Water Supply Alamo replace evaporative zz water losses or other water depletions occurring, at Lafarge's 35th Avenue Gravel Pit Site, or other sand and gravel mining sites located between the head.gates of Greeley Canal No. 3 and the Ogilvy Ditch (the "Adjacent Sites'.) during the April-October ' period., .Lafarge agrees to use best efforts to continue. to obtain any necessary approvals related to the use of water available under the Boyd and Freenian Ditch Water Rights iii,; any renewals of such Substitute Water Supply Plan; provided, however, that nothing. herein shall affect Greeley's obligation to deliver Augmentatioi Water from other - sources in the event that a Substitute Water Supply Plan using the•Boyd and Fteentan Ditch Water Rights is not approved by the State Engineer's Office. Unless otherwise requued'by law, absent Greeley's written approval, Lafarge agrees not to seek court -` adjudication of any plan for sugnrientation kvolying Augmentation Water to be released` from Greeley during the April-October period until the later of a) ten full Lease Years. ' after the effective date of this agreement. or b) completion of all required mine . reclamation activities on the 35th Avenue Pit Site and the ;A.djacent Sites. Lafarge shall give Greeley prompt written notice of any such legal requirement for Lafarge to seek such court adjudication prior to file times specified above, and shall not file an application seeking such court adjudication for a minimum of 90 days following the sending of such notice unless such ninety (90) dayperiod is waived by Greeley in its sole discretion. Upon receipt of such notice, Greeley and Lafarge shall confer with respect tp what specific Greeley water supplies, consistent with Greeley's other obligations.under; L. . _- this Agreement including without obligation its obligation to provide Augmentation Water, Greeley shall allow to be included as supplies from which Gmeley will make water available to Laf*ge in suoh application. 14 prior to the time specified in subsections a) and b) of this Section, the State Engineer's Office derdes a Substitute Water Supply Plan submitted by Lafarge that relies in whole or n part upon the Boyd ai Freeman Ditch Water Rights, Greeley may request that Lafarge file and prosecute-an administrative or judicial appeal of such denial; proceedings at the initial level of any such appeal shall be at Lafarge's expense, while proceedings at any further level of appeal, if aray, shall be at Greeley's expense. ....,_.. _.- ...... .._.?.. ......__.......__............,....._............. -................ _..____........_ ...._........-_.. ._._?.__?_.?....«?........... ::F. .... .. r. .