2010-12-01_HYDROLOGY - M1977036 - Laserfiche WebLink

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1. A t 1 . 4. Boyd and-Freeman Augmentation Station, Greeley agrees-to use best F efforts to design, obtain Division of Water Resources approval for, and construct the .r: ' Boyd and Freeman Augmentation. Station at its expense for use to deliver Augmebtatio Water commencing in April 2009. The Boyd and Freeman Augmentation Station shai; be owned' by Greeley, is preliminarily pmposed to be located on Greeley property north' ' } Of the Rover Run dog park. and shall be designed and constructed to deliver water at a t flow rate -equal to or greater than Lafarge's pro raga sham of the total rate of flow currently decreed to the Boyd and Frocram Ditch and available under the Boyd and Freeman Ditch Water Rights. Lafar90 agrees to cooperate with Greeley in obtatinlztg approvals for the Boyd and Freeman Augmentation Station. 5. nir otiations for Gra:v t Storage Facilities. The parties agree to pay one-half each of the costs of a study to be performed, by Lyman Henn or another mutually acceptable consultant to evaluate the feasibility cost of cons eructing and operating lined water storage facilities and associated structures ftom gravel pits located' or to be located on Lafarge's 35th .Avenue Pit site, or on other nearby sitar in which Lafarge has obtained or may in the future obtain a gravel mining lease, including without limitation Greeley's F Street Reservoir site. The precise scope of work of the study shall be agreed upon by the. parties in advance. The parties estimate that such slaty will take approximately four months to complete. Following the completion of such stud; the Parties. will discuss-the study and a possible second transaction involving Greeley's acquisition of such facilities or the right to construct and operate them in exchange for. Gresley's longtertu lease of additional AugruemUttion Water to Lafarge or other considcratioa. ?irosle tdlail have the oxcluaivo ht tt1'AB Bate with T.ift Y ? 8o go concerning such. acquisition-for 12 months following the parties' receipt of such study, ..` 6. L i;e Junior Water tore a Rights. Lafarge a° -- $ g grees to use best effiorts`-.- ` . (as Awther limited herein) to obtain a decree in the application for junior conditional water ' storage tights for 35th Avenue Reservoir currently pending in Case No. 98CW476 Water Division No. 1, with decreed uses that include a) the replacement of evaporimve-7 losses from all sand and gravel miming sites currently owned by Lafarge, from other samij and gravel mining sites located or to be located between the headgates of Greeley Cana No. 3 and the Ogilvy Canal in which Lafarge may have or assume any responsibility fo 7 replacement of such losses, or from the F Street Reservoir, 8th Street Reservoir, aftd Flatiron/Greeley West Pit sites, and b) the replacement of return flow obligations decreed or to be decreed as conditions of the approval of any change of water right that makes such right legally available for the replacement of any such losses, including changed water lights originally decreed to Greeley Canal No. 3 and associated with shares of x stock in the Greeley irrigation Company. Greeley agrees not to oppose the entry of a decree in such application that contains these temps, and to discuss with Lafarge possible strategies to obtain such a decree. If Lafarge obtains such a decree and the parties successfully negotiate a subsequent transaction involving Greeley' s- acquisition of the ' xight to water storage facilities described in the preceding paragraph, Lafarge and Greel y agrees to negotiate in good faith, as part of such transaction, Qreeley's acquisition of a ? pro rata interest in the decreed junior, conditional rights upon payment by Greeley of suet 4 i . i