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<br /> <br /> <br /> <br /> <br /> Koz:. <br /> <br /> <br /> <br /> <br /> <br /> <br />, <br />WATER AGREEMENT <br />'THIS WATER AGREEMENT, dated this day of h ka - 20Qg Ff? <br />entered into by and between the City of Greeley, acting by and through i ater and 5j <br />Sewer Board ("City"}, and Lafarge West, Inc., a Delaware corporation.C Lafarge'.'). . <br />i <br />RECITALS <br />A. Lafarge owns approximately 370 acres located in Sections 34 and 35, ? <br />Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, as more ? i <br />specifically described in the attached Exhibit A (the "3P Avenue Pit Site"). <br />t <br />i ?•' : 7 <br />B. Lafarge.conducts sand. and gravel mining and related activities on-the 35th <br />-Avenue Pit Site and on other sites located in the South Platte River basin.' Lafarge "A' <br />requires augmentation and replacement water to replace water depletions that occur to _t?ie <br />South Platte River and its tributaries as a result of such activities. <br />C. Lafarge and.the City are both, shareholders in the Boyd Irrigation Company, a . <br />mutual ditch company that owns water rights decreed to divert water from the Cache le?yf I - ' <br />Poudre River into the Boyd and Freeman Ditch, and both parties own land historically . } <br />irrigated by such water rights: <br />D. Lafarge's mining operations have created, and may in the future create, -a <br />opportunities for lined gravel pit reservoirs that could be useful to the City.A <br />E. Lafarge is willing to transfer its Boyd Irrigation Company shares to the City in 4 <br />exchange for a permanent lease of augmentation and replacement water from the City, <br />and the City is amenable to such an arrangement, as more particularly described.herelm . <br />Both patties also wish to study and discuss opportunities for construction 6f lined grave F . <br />pit reservoirs in the vicinity of the 350 Avenue Pit Site, as more particularly described <br />herein. <br />W.HEREFORB, in consideration: of the mutual promises contained hereK'the City ands., <br />Lafarge hereby agree as follows: t <br />