2010-12-01_HYDROLOGY - M1977036 - Laserfiche WebLink

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i WATERAGREEMENT ?? fK. '1 'THIS WATER AGREEMENT, dated this , day of 1'11d4t 1--X 4 ; 20j, is f . entered into by and between the City of Ozeeley, acting bY gh and throater and Sewer Board ("City'), and Lafarge West, Inc., a Delaware corporation r'Lafarae'.'l. ! i s REUFALS A. Lafarge owns approximately 370 ages located in Sections 34 and 35, • . Township 6 North, Range 66 West of the 61h P.M., Weld County, Colorado, is more specifically described in the attached RKWbit A (the "35* Avenue Pit Sites. : r B. Lafarge conducts sand and gravel mining and related activities on the 35d' Avenue Pit Site and on other sites located in the South Platte River basin.' Lafarge d requires augmentation and replacement water to replace water depletions that occur to e South Platte River and its tributaries as a result of such activities- C. Lafarge and the City are both shareholders in the Boyd A. Trrlgation Company, a . ! . mutual ditch company that owns water rights decreed to divert water from the Cache .la3 Poudre River into the Boyd and Freeman Ditch, and both parties own land historically'--" irrigated by such water rights: V. Lafarge's mining operations have created, and may in the future. create, opportuaities for lined gravel pit reservoirs that could be useful to the city. i a. 41 f E. Lafarge is' willing to transfer its Boyd laigation Company shares to the City in ` exchange for a permanent lease of augmentation and replacement water $om the City, " and the City is amenable to such an arrangement, as more particularly described Here j t Both also wish to stud and discuss o ' parties Y ppor pities for construction bf lined gtav `F" pit reservoirs in the vicinity of the 35a' Avenue Pit Site, as more particularly described herein. WHERBFORE, in consideratio>ti of the mutual promisee contained herein, ;the City and Lafarge hereby agree as follows: .ly. i