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<br />• III 1111111111111111 • <br />AGREEMENT <br />THIS AGREEMENT made and entered into this day of March, <br />1990, by and between C & M Companies, hereina er referred to as <br />"C G M" and the Ground Water Menagement Subdistrict of the <br />Central Colorado Water Conservancy pistrict, hereinafter referred <br />to as "Central." <br />WITNE55L~TH: <br />wHER13AS, C G M hae an application for a mining permit pending <br />before the Mined Land Reclamation Board for property in parts of <br />Section 30 and 31, Township 1 North, Range 66 West of the 6th <br />P.M., weld County, Colorado known as the Platte Valley Pit; and <br />WHBRk:AS, Central has decreed wells on said property which may <br />be impacted by the proposed mining; and <br />wHERL•AS, Central has requested a formal public hearing before <br />the Mined Land Reclamation Board to address the potential injury <br />to its wells; and <br />WHEREAS, the parties desire to settle the issue of potential <br />injury to Central's wells between themselves. <br />NOW, THERi/F'ORE, in consideration of the premises and the <br />mutual promises and covenants of the parties hereto, IT IS AGREEll <br />AS IOLLOWS: <br />1. (: 4 M agrees that it will not mine the property tho <br />subject o.E the Platte Valley Pit Mining Application located Sn <br />Sections :30 and 31, Township 1 North, Range 66 West of the 6th <br />P.M., Weld County, Colorado unless and until it obtains an <br />agreement with Central with respect to potential injury to <br />Central's wells. <br />2. Central agrees with withdraw its request for a forma] <br />public hee,ring upon execution of this agreement and will not <br />object to the issuance of the proposed mining permit. <br />3. The parties agree that this Agreement shall be a <br />condition to the mining permit to be issued by t_he Mined Land <br />Reclamation Hoard and the Special Review Permit to be issued by <br />the weld County Commissioners such that no raining shall. take <br />place anti]. the condition is sa1:].sfied. <br />4. This Ayreement represents <br />parties and no oral modlficatio <br />art~endments or add].tions shall be <br />signed by the parties hereto. <br />the complete agreement of the <br />n shall be recognized. Any <br />made in wr].ting and sha].1 be <br />-1•• <br />