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B 1080 REC 02020351 08/12/85 10:47 $21.00 2/007 <br />F 0233 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO <br />The Division of Water Resources of the Department <br />of Natural Resources of the State of Colorado has approved the <br />plan of augmentation herein described, subject to the approval <br />of the Water Users; and <br />WHEREAS, the Slater Users have objected to the mining, <br />reclamation and augmentation plans unless additional conditions <br />are met and the mining company and the Owners are agreeable to <br />these additional conditions; <br />NOW, THEREFORE, it is mutually agreed as follows: <br />1. The mining company agrees as follows:. <br />a. To conduct the mining operation in accordance <br />with the. requirements set forth in the mining plan and <br />the regulations of Weld County and the State of Colo- <br />rado; <br />b. To restore the premises to the condition set <br />forth in said reclamation plan and the regulations of <br />Weld County and the State of Colorado; <br />C. To construct the ponds contemplated by the <br />plans in a good and workmanlike manner, and in such <br />a manner that the same will have outlet structures as <br />shown on the reclamation plan; <br />d. To cause surface and subsurface drainage to <br />drain naturally into Boulder Creek, as has been histor- <br />ically done, except as the same may be altered as shown <br />on the mining.plan and reclamation plan. <br />2.y^ The mining company and Owners further agree as follows: <br />a. As long as they, their heirs, successors and <br />assigns,' own or have an interest in the property des- <br />cribed on Exhibit A, they will maintain the restored <br />.structures shown on the mining and reclamation map, <br />including ponds, channels and outlet structures in a <br />good and working order and will do nothing to said <br />structures. which would adversely affect the interests <br />of the members of the Water Users; <br />b. They will not cfaim; as a result of mining <br />and restoration of the property, that any water has <br />been salvaged or developed; any water to be used in <br />the mining. operation and restoration process will be <br />considered tributary water to Boulder Creek and be <br />subject to the appropriation system and the other <br />existing laws of the State of Colorado; however, as <br />-2-