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COMMITMENT OF WATER SUPPLY <br />I, Carl Hill of 83rd Joint Venture, LLC hereby commit 240 shares of the <br />capital stock of the Boyd and Freeman Ditch pursuant to the terms of the Substitute Water <br />Supply Plan for the gravel mine facility located in a portion of Section 35, Township 6 North, <br />Range 66 West. <br />This commitment evidences the dedication of a renewable water supply pursuant to the terms of <br />the F- Street Pit Substitute Water Supply Plan, DMG #M-92--069. This commitment shall <br />remain in full force and effect during the term of said Plan and so long thereafter as required by <br />the Colorado State Engineer. <br />To the extent water is available from the referenced shares, this commitment of water covers <br />evaporative depletions associated with the F- Street Pit as evidenced in the aforementioned <br />Substitute Water Supply Plan. Furthermore, the amount of water so hereby dedicated does not <br />preclude or prohibit the owner from further evaluating or quantifying the amount of consumptive <br />use credits available or associated with said water rights based on new or additional information <br />regarding use of said rights. <br />This water will be made available to the State Engineer only in the event that Aggregate <br />Industries abandons the subject site and leaves behind exposed groundwater. <br />Date /7. ' j -(9Z_ <br />