Laserfiche WebLink
4. McCurter will combine the Change Case with an application for approval of a plan for <br />augmentation for the evaporative losses from the existing pond ("Lake 2B Pit') located on the 35 acre <br />parcel (the "35-acre Parcel") owned by McCurter, as described in the Correction Warranty Deed <br />recorded in Book 4894 at page 274 of the Mesa County, Colorado real estate records and the <br />associated pumping and depletions from United's gravel extraction operation. <br />5. McCurter, its engineer(s) and attorney(s) will make every effort to maximize the <br />Wadlow CU approved by the Water Court in the Change Case. <br />6. United will cooperate and provide any information required for the Change Case <br />relating to its water use requirements for the gravel extraction operation within 10 days after written <br />request by McCurter, its engineer(s) or attorney(s). <br />7. United will reimburse McCurter within 10 days after written demand for all of <br />McCurter's costs and expenses incurred in the Change Case associated with adding United's uses of <br />Wadlow CU pursuant to this lease agreement, including without limitation water engineer's fees and <br />costs and reasonable attorneys fees, up to a total of nine thousand dollars $9,000. <br />8. McCurter reserves the first 15 acre feet of Wadlow CU for augmentation purposes to <br />offset the evaporative losses from the Lake 2B Pit located on the 35-acre Parcel owned by McCurter. <br />9. Me Curter will lease United the next 21 acre feet of Wadiow CU for purposes of dust <br />suppression, gravel washing and other incidental industrial uses associated with the gravel extraction <br />operation from the date of that approval of the Change Case by the Water Court until the earlier of <br />May 5, 2030 or until Buyer completes or ceases gravel mining operations on the Property. <br />10. In the event the Water Court decrees less than 36 acre feet of Wadlow CU, all credits <br />in excess of the first 15 acre feet will be leased to United and United will be responsible for obtaining <br />any additional water rights required for the gravel extraction operation, including but not limited to a <br />junior water right augmented by a contract with the United States Bureau of Reclamation for releases <br />from Blue Mesa Reservoir at its sole cost and expense. <br />It. United will pay the annual lease fee of one dollar ($1.00) on or before January 31 each <br />year. <br />12. United agrees to make beneficial use of the water hereby leased for industrial purposes <br />associated with its gravel mining operation on United's Property and for no other use without the <br />express written consent of McCurter. United acknowledges that the Wadlow Pumping Plant is <br />adjudicated for irrigation and stockwatering and the Change Case must be approved by the Water <br />Court prior to using the water for industrial purposes. <br />13. United at its sole cost and expense shall be responsible for the design, construction, <br />operation, including electrical power, and maintenance of any structure(s) necessary to divert the water <br />contemplated for use herein from the Gunnison River Into Lake 213-Pit to United's Property, subject to <br />the terms of an Easement Agreement to be entered into by the Parties prior to construction of the water <br />diversion and conveyance structures, and subject to paragraph 14, below. <br />Page 2 of 4 <br />Craig Ranch Pit, March 2011 G-5