2010-12-01_HYDROLOGY - M1977036 - Laserfiche WebLink

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p x I 4 ` 3. Transfer and Leaseback of Boyd and Freeman Ditch Wgter Right As ? full consideration and rent for the permanent lease of the Augmentation Water doscrib: m Section 1 (subject to an assignee's possible obligation to pay the storage and pumpin fee upon assignment doscn'bed in Section 2), Lafarge agrees to transfer, convey and assign by bargain and sale deed, stock assignment and irrevocable stock power to Gry all of its right, title and interest in water rights decreed to the Boyd and Freeman Ditch= and associated with its 550 shares of stock in the Boyd Irrigation Company (the "Boyd}; and Freeman Ditch Water Rights") within 15 days of the effxtive date oftbis ' 4 ' Agreement. Lafarge shall also execute covenants prohibiting irrigation of its 35th Aveatte Pit Site with any water available under shares of stock in the Boyd Irrigation Company: except as may temporarily be required to allow Lafarge to meet its reclamation: 3 obligations under the mining permit for the 35th Avenue Pit Site. • In partial satisthchoiir of Greeley's Augmentation Water lease obligation in Section 1 hereof, Greeley may Bloat to make Augmentation Water available to Lafarge under the Boyd and Freeman: Ditch X41 Water Rights for use in Lafarge's Substitute Water Supply Plan to replaco evaporafitve` ' water 108308 or other water depledone occurring. at Lafarge's 35th Avenue Gravel Pit r Site, or other sand and gravel mining sites located between the headgates of Greeley Canal No. 3 and the Ogilvy Ditch (the "Adjacent Sites") during the April-October period.. Lafarge agrees to use best efforts to continue to obtain any necessary approvals; related to the use of water available under the Boyd and Freeman Ditch Water Rights it, any renewals of such Substitute Water Supply Plan; provided, however, that nothing;' herein shall affect Greeley's obligation to deliver Augmentation Water from other sources in the event that a Substitute Water Supply Plan using the -Boyd and Freeman u Ditch Water Rights is not approved by the State Engineer's Office. Unless otherwise required' by law, absent Greeley's written approval, Lafarge agrees not to seek court adjudication of any plan for augmentation involving Augmentation Water to be released'' t from Greeley during the April October period until the later of a) ten frill Lease Years .' after the effective date of this agreement or b) completion of all required mine • :: reclamation activities on the 35th Avenue Pit Site and the Adjacent Sites. Lafarge shall.; give Greeley prompt written notice of any such legal requirement for Lafarge to seek. such court adjudication 1 prior to the tames specified above, and shall not file as application seeking such court adjudication for a minimum of 90 days following the ~ n sending of such notice unless such ninety (90) day period is waived by Greeley in its sore discretion. Upon receipt of such notice, Greeley and Lafarge shall confer with respect 160' 1 what specific Greeley water supplies, consistent with Greeley's other obligations_undq,'( Ws Agreement including without obligation its obligation to provide Augmentation Water, Greeley shall allow to be included as supplies from which Greeley will make waW available to Lattirge Ju such appiteatlon. It prior to the time speei$ed in ;f subsections a) and b) of this Section, the State Engineer's Office denies a Substitute y. Water Supply Plan submitted by Lafarge that relies in whole or in part upon the Boyd aid Freeman Ditch Water Rights, Greeley may request that Lafarge file and prosecute an administrative or judicial appeal of such denial; proceedings at the initial level of any `q such appeal shall be at Lafarge's expense, while proceedings at any f br&er level of appeal, if any, shall be at Greeley's expense. 3 3 }> . ;a