Laserfiche WebLink
B 1080 REC 02020351 08/12/85 10:47 $21.00 3/007 <br />F 0234 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO <br />a result of the surrender of water referred to in <br />paragraph 3 below, the mining company will be per- <br />mitted to take water from the mining excavations for <br />use in the crushing and washing of sand and gravel to <br />be mined, and the mixing of ready-mixed concrete, <br />during the term of the mining operation as set forth <br />in the mining plan. <br />3. The owners further aqree as follows: <br />a. They and their heirs, successors and assigns <br />will allow all water attributable to four shares of the <br />capital stock of The Godding, Dailey and Plumb Ditch <br />Company, a Colorado corporation, to not be diverted through <br />its headgate and to remain a part of the water of Boulder <br />Creek; or, if diverted, shall not be used and shall flow <br />back into Boulder Creek, either directly or into the <br />ponds and without loss, into Boulder Creek; <br />b. Upon completion of the reclamation plan, the <br />land heretofore irrigated by, and water heretofore attribut- <br />able to such shares, shall no longer be irrigated or <br />used by such shares except as herein provided; <br />c-, The ditch stock certificate for said four shares <br />shall be endorsee, as follows, to-wit: "These shares <br />and the usage of water ttr?+butable thereto are restricted <br />by an agreement dated O'er 7 , 1974, entered <br />into between Milton H. Nelson, Helen C. Nelson, et al., <br />and The Water Users Association of District No. 6, a <br />Colorado nonprofit corporation, and are subject to the <br />terms of that agreement. Said agreement is recorded <br />in the office of the Clerk and Recorder of Weld County <br />and affects land in Sections 20, 29 and 30, Township 2 <br />North, of Range 68 West"; <br />d. They will continue to pay ditch assessments <br />applicable to said shares. <br />4. Agreement to run with the land. This agreement shall <br />be a covenant which runs with the land described on the attached <br />map marked "Exhibit A" and shall continue in effect and be <br />binding on the parties, their heirs, successors and assigns <br />unless and until the Water Users or a majority of its voting <br />membership or successors shall waive the terms thereof. <br />5. Enforcement. This agreement may be enforceable by <br />the Water Users, or by any of its members who are adversely <br />affected by any violation of any term hereof by seeking any <br /> <br />-3-