2003-12-11_HYDROLOGY - M1980160

• Permit No: M1980160
• IBM Index Class Name: HYDROLOGY
• Doc Date: 12/11/2003
• Doc Name: APPROVED AUGUST PLAN
• From: OFFICE OF THE STATE ENGINEER
• To: HART ENVIRONMENTAL
• Email Name: ECS
• Media Type: D
• Archive: No

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F 0219 i►.' .- ANN FEUERSTEIR CLERK & ..ORDER WELT) co, CO
AGREEMENT REGARDING SAND AND GRAVEL MiNING,
AND AUGMENTATION PLAN PERTAINING THERETO
WITNESSETH:
day of . 1980, between.
THl5 AGREEMENT is made this,2,.� —
Lee Erin Olson and Florence M, Olson, hereinafter tc ed OLSONS, and THE WATER
USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation, herein
after termed WATER USERS:
WHEREAS. OLSONS own the property described or the attached Exhibit A
for which Frontier Materials has applied For a Special Use Permit from Weld
County and for a Miring Permit from the Mined Land Reclamation Board of the State
of ,:oiorada to enable it to conduct sand and gravel mining activities on the
orope - ty; and
WHEREAS, OLSONS shall be responsible for maintenance of the rcciama
t:on plans as completed by Frontier Materiels, Inc., which plans include the
creation of one or more lakes; and
WHEREAS. the WATER USERS have no objection to the mining and reclama
tion plans If an augmentation plan for Boulder Creek is entered into for the pJr
pose of co°,pensati for potential additional evaporation which may rest.it from
:re lakes created by the mining, and the parties have agreed upon such an augmen-
tation plan as set forth herein.
NOW, THEREFORE, it is mutually agreed as follows:
1. OLSONS Agree as follow$:
A. To allow Frontier Materials, Inc. CO conduct a mining operation
in accordance With the requirements set forth In the dining and RecIa-
n:nt:on Plan as finally approved by We'd County and the Mined Lane
Reclamation Board of the State of Colorado as per a separate agree-
ment on•OLSONS land;
B. That neither they nor their successors nor assigns will
claim, or attempt in any way to appropriate any water which is
assertediy developed, or which assertedly augments stream flow,
as a result of the contemplated mining operation and reclamation
plan. The foregoing sentence shall not preclude OLSONS Fro
raising any such claim as'a defense'to any judicial or admir. ;stre
t:ve proceeding brought by either a governmental agency or a, water
user not bound hereby, so long as the water which OLSONS assert
has been so developed or so augments the streamflow is nct clai.ned
to exeecd that necessary to compensate for the injury to the
water rights of others asserted in the proceeding to have beer
caused by the mining operations and reclamation plan.