2010-04-15_HYDROLOGY - M1979191 - Laserfiche WebLink

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4, Boyd and- Freeman Aug menta ion Station. Greeley agrees to use best . efforts to design, obtain Division of Water Resources approval for, and construct the . ?s Boyd and Freeman Augmentation Station at its expense for use to deliver Augaaentatidii Water commencing in April X009. The Boyd and Freeman Augmei tatiosi Siation'shall =. ;' . be owned-by Greeley, is preliminarily proposed to he located oii Creels ypp raerry nordi3 of the Rover Run dog parr and shall be designed and cofistr46ted to, deliver water at a, s- ow h; flow rate 'equal to or greater than Lafarge's pro rata share of the total rate of fl currently decreed to the Boyd and. Freeman Mich and available under the Boyd and Freeman Ditch Water l?.ights. Lafarge agnre to cooperate with Greeley iii obtaining .Fs approvals for the Boyd and Freeman Augmentation Station.. _ 5. Neaot p4na for Gravel Pit Storage Facilities. The parties agree to pay' ; one-half each of the costs of a study to be performed by Lyman Henn or another mutually acceptable consultant to evaluate the feasibility and east ofconstructingand - operating !used water storage facilities and associated structures frora gravel pits Xorated or to be located on Lafarge's 35th Avenue Pit site, or oil other'riba'- b sited in which Lafarge has obtained or may in the fitture obtain, a gravel mining lease, including without limitation Greeley's F Street Reservoir' site. The' precise scope of work of the study shxli be agreed upon by the parties in advance. The parties estimate that such study will take; ry = approximately four months to complete: Following the completion, of such study; the ' parties will discuss the study and apossible second transaction involving Greeley's acquisition of such facilities or the right to construct and operate rhem i in exchange for = Grz eeley's long-term lease of additional. Augmentation Water to .Lafarge or other : ' . Go?asidearatiou. Gxeele shall have the,exclusiv'e right to negotiate with L e coneeming sueh.acquisition' for 12 months following the par l receipt of such study...: 6. Lafkee .liwior Water Storage 'N. Lafarge agrees to use best efforts n ; (as further limited herein} to obtain" a decree ia, the application for junior conditional : water storage rights for 35th Avenue Reservoir currently pending in Case No. 98CW47 ' i . Water Division No. 1, with decreed uses that include a) the replacement of evaporative losses from all sand and gravel mining sites currently owned by Lafarge, from other. sand and gravel mining sites located or to be located between the headgate of Greeley Canal; No. 3 and the Ogilvy Cain i in which Lafarge may have or assume any responsibility four xeplacenrieiat of such losses, or. from the F Street Reservoir, 8th Street Reservoir, and ' Flatiron/Greeley West Pit 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 mattes such right legally available for the replacement of any such losses, including changed r, water rights originally decreed to Greeley Canal No. 3 and associated with shares of r :. stock la the Greeley Irrigation Company. Greeley agrees not to oppose the eatty of a r., 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 - iiggt to water storage facilities described in the preceding paragraph, Lafarge and Gxreelay 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 su4 I i