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2012-02-21_APPLICATION CORRESPONDENCE - C2010089 (11)
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2012-02-21_APPLICATION CORRESPONDENCE - C2010089 (11)
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Last modified
8/24/2016 4:48:49 PM
Creation date
2/24/2012 9:25:55 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C2010089
IBM Index Class Name
Application Correspondence
Doc Date
2/21/2012
Doc Name
Preliminary Adequacy Review No. 3 (Part 3 of 3)
From
Western Fuels Association Inc
To
DRMS
Email Name
MLT
SB1
Media Type
D
Archive
No
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WFC, perform such maintenance or repairs and charge the cost of such repairs or <br />maintenance to WFC. WFC shall have ten days to perform maintenance or repairs <br />which do not materially affect the current delivery of water. The notice, under this <br />section shall not be governed by paragraph 11. <br />7 Ownership and Easements. <br />7.1 Ownership of Pipelines. <br />7.1.1 Temporary Pipeline. The Temporary Pipeline shall remain the property of WFC <br />and WFC shall be responsible for all tax obligations associated with the <br />ownership or operation of the Temporary Pipeline. WFC shall grant CCC a non - <br />revocable license to control the physical distribution of the ditch water to the <br />appropriate shareholders. <br />7.1.2 Permanent Pipeline. At such time as the Permanent pipeline becomes operational, <br />WFC shall convey to CCC all of WFC's right, title and interest in the Permanent <br />Pipeline, the associated fixtures and all spare parts and materials related to the <br />Permanent Pipeline. <br />7.1.3 Excess Temporary Pipeline. There might be some pipe left over from the <br />Temporary Pipeline after the Permanent Pipeline is put in place. WFC agrees to <br />give, free of charge, up to 250 feet of such left over pipe to CCC once the <br />Permanent Pipeline becomes operational. <br />7.2 Easements for Pipelines. WFC will obtain all approvals and landowners' consents, <br />licenses and easements necessary for the construction, operation and maintenance of the <br />Temporary Pipeline and the Permanent Pipeline. The Permanent Pipeline will be generally <br />constructed on the original location of the Ditch. <br />7.2.1 Easements for Permanent Pipeline. Prior to commencing the construction of the <br />Permanent Pipeline in a location other than the original location, varying more <br />than 10 feet, of the Ditch, WFC shall obtain from the owner of the land to be <br />traversed by the Permanent Pipeline route, a deed of easement, the location, form <br />and content of which shall be subject to CCC's prior approval, conveying from <br />the owner of such land to CCC a perpetual, exclusive easement (collectively, the <br />"Permanent Relocation Easement ") on, over, under and across such land for the <br />construction, operation and maintenance of the pipeline and all associated <br />facilities to be constructed as part of the Permanent Pipeline including vehicle <br />access to the intake structure. <br />7.2.2 Title Insurance. Prior to commencing the construction of the Permanent Pipeline, <br />WFC shall deliver to CCC, a current commitment for title insurance (together <br />with copies of all instruments listed in the schedule of exceptions) issued by a title <br />insurance provider indicating that the Easement for the Permanent Pipeline, being <br />in a location other than its original location, shall constitute a first priority lien <br />8 <br />
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