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V?7-LV-IV, VJ.V•JI IVII -' --' - <br />16. Lien. <br />The capability of the plan for augmentation herein <br />'decreed to properly function into the future is essential as long <br />as evaporation from the ponds' surfaces continues to occur. <br />Therefore, Applicant and Applicant's successors in interest shall <br />pay all assessments, running charges, penalties, interest or <br />other charges necessary in order that the water to which said <br />Boxelder shares and Windy Gap shares entitles Applicant or its <br />successors shall continue to be delivered, and the shares are not <br />sold because of failure to pay assessments. Lands on which the <br />ponds are located shall not be sold or transferred unless the <br />water rights that provide augmentation water are also conveyed to <br />the transferee. <br />Applicant or its successors shall make or cause to be made <br />all necessary maintenance and repairs, including pipeline re- <br />placement and repair, to assure that water attributed to the <br />Boxelder shares may be diverted from the ditch through the <br />various gravel pits, and is otherwise fully usable. <br />Applicant and its successors shall have the continuing <br />obligation to provide adequate augmentation water if, for any <br />reason, the yield of its augmentation water as described in this <br />decree shall become insufficient. if, for any reason, Applicant <br />or its successors shall fail or refuse to pay in a timely manner <br />the assessments, running charges, penalties, interest or similar <br />charges on the shares of stock in the Boxelder Ditch Company and <br />the shares of Windy Gap water herein described and/or if the <br />Applicant or its successors in interest should fail or refuse to <br />repair, maintain and otherwise keep operative and in satisfactory <br />working condition the pipelines and other structures which <br />connect the gravel pits and/or if Applicant and its successors in <br />interest fail or refuse to obtain additional augmentation water <br />satisfactory to the State engineer to provide a full and adequate <br />augmentation supply in the event the yield of the sources of <br />augmentation water as described in the decree should ever be <br />reduced or eliminated so as to be insufficient to provide a full <br />and adequate augmentation supply, then the State engineer, the <br />Division Engineer of Water Division No. 1 or any party to this <br />proceeding may give to Applicant or its successors at the Larimer <br />County Courthouse, Fort Collins, Colorado, or at such other <br />address as Applicant or its successors may provide to the <br />Division engineer, Water Division No. I and to this Court, in <br />writing, written notice setting forth the particular delinquency <br />and making demand upon the Applicant or its successors to correct <br />the same within 15 days. A copy of such notice and demand shall <br />be provided to this Court. If Applicant or its successors fails <br />to correct any such deficiency, then the State engineer, the <br />8