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C.C. Water Stock actually used beginning in the year Lessee starts using Lessor's water shares. <br />Lessor will continue to use remainder of his ditch water on other parts of Lessor's farm. Lessor <br />warrants that it owns such water rights and may allow Lessee to use such water, however, Lessee <br />shall in no event acquire ownership of any water rights of Lessor. Lessor may use the surface of the <br />Property for farming or any other use until Lessee elects to exercise its Rights stated above. If <br />Lessee, in fulfillment of its legal obligations to reclaim mine lands, undertakes farming activity on any <br />portion of the Property, the Lessee will cause the Property to be planted as necessary, and may <br />contract with Lessor, if economically feasible, to farm the Property to the Lessee's specifications. <br />Lessee agrees to cooperate with Lessor on choice of reclamation crops. However, it is expressly <br />understood that final crop selection for reclamation must be approved by the Colorado Division of <br />Minerals and Geology. No provision of this Lease shall be construed to deprive Lessee of the <br />exclusive right to determine the uses to which the Property is to be put after mining, or the crops, if <br />any, to be raised, or the methods to be employed and the costs to be incurred as part of such after - <br />mining uses. <br />3 <br />(Revised 1- 15 -03) Attachment 2.05.4(2)(e) -6 -4 <br />