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s <br />4. Boyd and. Fraeiman Augm motion Station. Greeley agrees.to use best '41" <br />efforts to design, obtain Division of Water Resources approval for, and construct the <br />Boyd. and Freeman Augmentation Station at its expense for use to deliver Augmentation t <br />Water commencing in April 2009. The Boyd and Freeman Augmentation $tationAndl5 ' <br />be owned. by Greeley, is preliminarily'prpposed to be located on Greeley property north <br />of the Rover Run dog park,.and shall be designed and Constructed to deliver water at a'-.4 r <br />flow rate-equal to or greater than Lafarge's pro rata share of the total rate of flow <br />currently decreed to the Boyd and Freeman Ditch and available under the Boyd and = F <br />Freeman .Ditch. Water Rights. Lafarge agrees to cooperate with Greeley in obtaining <br />rj <br />approvals for the Boyd and Freeman Augmentation Station.. <br />5. 'Neaotiigmfor Grave Pit Storage Facilities. The parties agree to pay <br />one-half each of the costs of a study to be performed by Lyman Henn or another. <br />mutually acceptable consultant to evaluate the feasibility, and cost of constructing.aud <br />operating lined water storage facilities and associated structures from gravel pits located.. <br />or to be located on Lafarge's 35th Avenue Pit site, or on other nearby shei in which. <br />Lafarge has obtained or may in the future obtain a gravel ruining lease, including witho fit <br />Imitation Greeley's F Street Reservoir site. The precise scope of work of the Addy s <br />. be agreed upon by the parties In advance. The. parties estimate that such stiuiy will tale;:. ' <br />approximately fourmonths to complete. Following the completion of such study; rho '' <br />parties= will discuss the study and apossiblo second transaction involving Greeley's <br />acquisition of such facilities or the right to construct and operate them in exchange for-; ' <br />Greeley°e 1(?ng torm lease of additional Augmentation Water to Lafarge or other • <br />corisideratioat. (3xeeiey aba11 have the ?sxolusiv?+ xigktt to rtegotialn with T.a ergo ` N. <br />' <br />coaowning such' acquisition' for 12 months following the parties' receipt of such study.. t <br />LL•ge Junior Water Stom Lafarge agrees to use best efforts' <br />(as further-limited herein) to obtain a decree in the application for junior conditional ' <br />water storage rights for 35th Avenue Reservoir currently pending in Case No. 98CW41 <br />Water Division No. 1, with decreed uses that include a) the replacement of evaporative ,' <br />losses from all sand and gravel mining sites currently owned by Lafarge, from other sand <br />and gravel mining sites located or to be located between the headgates of Greeley Cana11 <br />No. 3 and the Ogilvy Canal in which Lafarge may have or assume any responsibility for.,-: <br />' <br />replacement of such losses, or from the F Street Reservoir, 81h Street Reservoir, and <br />Flatiron/Greeley West Pit sites, and b) the replacement of return flow obligations decreed <br />or to be decreed as conditions of the approval of any change of water right that makes <br />such right legally available for the replacement of any such losses, including changed <br />water rights originally decreed to Greeley Canal No. 3 and associated with shares of <br />stock in the Greeley Irrigation Company. Greeley agrees not to oppose the entry of a <br />decree in such application that contains these terms, and to discuss with Lafarge possible <br />strategies to obtain such a decree. If Lafarge obtains such a decree and the parties <br />successfully negotiate a subsequent transaction involving Greeley's, acquisition of the ; <br />right to water storage facilities described in the preceding paragraph, Lafarge and Oree1 <br />agrees to negotiate in good faith, as part of such transaction, CiZeeley's acquisition of a' <br />Pro rata interest in the decreed junior conditional rights upon payment by Greeley of such <br />4. <br />t <br />FI <br />.i <br /> <br />--- r . _ _...... -- ---