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WATER AGREEMENT <br />C? ,. <br />'THIS WATER AGREEMENT, dated this day of f l kA 20Qg, is <br />entered into by and between the City of Greeley, actin b and through i ater and 4; <br />Sewer Board O'CiVI, and Lafarge West, Inc., a Delaware corporation {"Lafarge"), a : <br />_A. <br />RECITALS E <br />A. Lafarge owns approximately 370 acres located in Sections 34 and; 35, ='I <br />Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, as more <br />specifically described in the attached Exhibit A (the "33P Avenue Pit Site"). <br />B. Lafarge conducts sand and gravel mining and related activities on'the 35a' A <br />Avenue Pit Site and on other sites located in the South Platte River basin.' Lafarge <br />requires augmentation and replacement water to replace water depletions that occur toe ' <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 In7.gation Company, a <br />mutual ditch company that owns water rights decreed to divert water from the Cache:101 <br />? - ' <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, <br />opportunities for lined gravel pit reservoirs that could be useful to the City, '". <br />E. Lafarge is willing to transfer its Boyd Irrigation Company shares to the City in <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 herein 4 . <br />Both parties also wish to study and discuss opportunities for construction of lined gravb ' <br />pit reservoirs in the vicinity of the 35h Avenue Pit Site, as more particularly described ' <br />herein. f , <br />WHEREFORE, in consideration of the mutual promises contained herein,,the City ands= <br />Lafarge hereby agree as follows: <br />J j <br />.. :s o.