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503635 B-607 P-553 04128193 13:44CMCOODM 9 OF 99 <br />PURCHASE AGREEMENT <br />This Agreement, dated April 9, 1993, is between Vail <br />Associates, Inc., a Colorado corporation ("VA"), and Climax <br />Molybdenum Company, a Delaware corporation ("Climax"). <br />RECITALS <br />i <br />Fk:i <br />A. Climax is the owner of the Climax Mine and Mill, and <br />ancillary facilities, which cover approximately 22.6 square <br />miles in summit, Eagle, and Lake Counties, Colorado,. and which <br />encompass portions of the headwaters of Ten Mile Creek, the <br />East Fork of the Eagle River, and the East Fork of the Arkansas <br />River as more fully described in the attached Exhibit A (the <br />"Climax Property"). <br />B. Climax is the owner of an undivided 1/7 interest in <br />the Stevens and Leiter Ditch, originally decreed by the Chaffee <br />County District Court for 38.cfs, with a priority date of <br />September 1, 1873, as changed by said Court in Civil Action <br />No. 5276, and as said change was confirmed by the District <br />Court in and for Water Division No. 5, State of Colorado, in <br />Case No. 91CW028, providing that said water could be diverted <br />from the structure known as the ("Arkansas Well,"' more <br />particularly described on the attached Exhibit B at the rate of <br />1.086 c.f.s., with an annual volumetric limit of 786 acre feet, <br />to the Colorado River Basin for use and disposition there, <br />without any return flows to the Arkansas River Basin <br />(collectively, the "Arkansas Well Water"). <br />S a L Wt??fn <br />d1,v? 1 <br />6n;v.,^ <br />AW <br />C. Climax is the owner of Chalk Mountain Reservoir, which <br />has a storage capacity of 204.1 acre feet, and is located on <br />the Climax Property as more particularly described in the CtY- <br />attached Exhibit C ("Chalk Mountain Reservoir"). The term C-AIM3 <br />"Chalk Mountain-Reservoir," as used herein, does not include w_A?-tA <br />the water right decreed to such reservoir by the Eagle County <br />District Court in Civil,Action No. 1193. <br />D. Climax is the owner of Buffehr's Reservoir Enlarged <br />which has a storage capacity of 102.8 acre feet, and is located <br />on the Climax Property as more particularly described in the O?q?s`Ia? <br />attached Exhibit D ("Buffehr's Reservoir"). The term r <br />"Buffehr's Reservoir," as used herein, does not include the <br />water right decreed to such reservoir by the Summit County <br />District Court in Case No-.,CA 1565. <br />e"'* FKPD:b09