2011-03-30_REVISION - M1977493 ‎(13)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/30/2011
• Doc Name: Reservoir Purchase Agreement
• From: Clinton Ditch & Reservoir Company
• To: DRMS
• Type & Sequence: AM6
• Media Type: D
• Archive: No

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place an administrative call against, or otherwise prevent
water from being stored in the Reservoir. If Climax elects to
transfer such rights to a new location, Climax shall not seek
or accept any terms or conditions to such transfer which may,
in the Company's reasonable determination, adversely affect the
ability to fi11 the Reservoir each year, adversely impact the
yield of the Reservoir or adversely affect the operation or use
of the Reservoir by the Company. Climax shall provide to the
company a copy of any terms upon which such a transfer may be
conditioned, and the Company shall have 30 days thereafter to
object to the transfer on such terms. Climax shall not proceed
with such transfer until it has satisfied all of the Company's
objections..
(b) Climax further agrees that it shall not
conduct operations upon, or allow operations to be conducted
upon any land owned or controlled by Climax in such a manner as
may adversely impact the quantity, or impact the quality as
determined in Section 5(b) above, of water flowing into the
Reservoir.
8. Grant of Easements. (a) Climax hereby agrees to
execute and deliver at Closing an easement deed, in the form of •
the attached Exhibit N, granting to the Company (1) an
irrevocable, non-exclusive, perpetual easement over and through
the Clinton Canal for the transportation of water released from
the Reservoir to Tenmile Creek, together with an irrevocable,
non-exclusive, perpetual easement for ingress and egress over
and across Climax's real property, described in the attachments
to Exhibit N, to the Clinton Canal for purposes of access to
and maintenance of the Clinton Canal (the "Canal Easement"),
and (2) easements necessary for the construction, operation and
maintenance of the Discharge Bypass (as defined in Section 9
below). Climax shall have the right to relocate the Canal
Easement to such other locations on Climax's property as it may
select, provided that such relocation does not interfere with
operation of the Reservoir, and provided that the Company's
easement includes an easement over the canal as such may be
relocated. In addition, Climax shall assign to the Company any
reserved access and other rights created pursuant to the
Highway Easement Deeds from AMAX, Inc. to the State Department
of Highways, as referenced on Attachment 2 to Exhibit C below.
(b) The Company hereby agrees to execute and
deliver at Closing an easement deed, in the form of Exhibit O
attached hereto, granting to Climax:
(1) A non-exclusive, irrevocable easement
across a portion of the Reservoir Land described on
Attachment 1 to Exhibit 0 for operation and maintenance of the