2003-12-11_HYDROLOGY - M1980160 - Laserfiche WebLink

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03/25/2302 .2:43 363 ST 'DRAIN LEFT HAND PAGE 03 8 1080 REC 20346 08/12/85 10:21 2.00 2/004 F 0220 MARL FEUERSTEIN CLER.M b REC. —4R WELD CO, CO by the approved mining and re:lamation plan, in a good and workmanlike manner, and in a manner that will have inlet and outlet structures w >ich can be controlled by the State Engineer of the Steve of Colorado and his -eprescntetives. D. Frontier Materials, Inc. w'll reconstruct historical wasteways and ditches in such a manner as to assure that no ditch user or person affected by such ditch or ditches shat`. be injured and in such a manner that the water and wastewater flowing in such ditches will f:ow in the same manner and at the same time as it has historically f In addition, written approval f"om the owners of each ditch affected by the mining activities si•ai' be received, and copies fury :shed to the WATER 'USERS prior to the commencement of mining activities. E. Tr reimourse the WATER USERS For its necessary and reason- able expenses incurred In connection with its review of the Mining and Reclamation Plan and the preparation of this Agreement, which the parties agree 's $50D.00 O.SOhS, for tncroselees, their successors and assigns, fur- ther agree to augmert Boc :der Creek, thereby preventing injury to atner water users, by allowing a :l water attributable to their entire ?.110th ownership in the Carr and Tyler Ditch and one-half share of the common capital stock of the Gcdding Dailey and Plume, riot to be diverted throegh the ditch headgates, thereby ailowing such water to remain a part of the water of Boulder Creek, or if t1: /erted at the ditch heedgates, not to be used For irrigation or any other eu -pose, but to be allowed to flow back into Boulder Creek. The decision as to whether or not such water shall be diverted at the respective ditch headgates, and i° diverted, at which point :t shall be allowed to' flow back into Boulder Creek, shall be made by the WATER USERS. In any case, this water shall be used to augment evaporation from the lake resulting from'OLSONS mining and reclar;- tion plans and shall never be used for any other purpose. The land heretofore irrigated by, and the water heretofore attributable such shares sha no longer be irrigated ty such shares. G. In order to implement the provisions of this Agreement, OLSONS agree that the Certificates cescribed In the proceeding para- graph shall be endorsed as follows: ''These shares and the uses of water attributable the - etc are restricted by an Agreement dated t..4 jpAPO entered into between OLSONS and THEW ER USERS ASSOCIA- TION OF DISTRICT NC. 6, a Colorado nonprofit corporatior, and are subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Re- corder of Weld County and affects land In Sections 17 and 20, Township 2 Korth, 'range 68 West of the 6th P.M." Such certificates shall be surrendered to the WATER USERS or to the