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.. �. <br /> . <br />� 99 107735 <br /> AGREEMENT <br /> This Agreement is made and entered into this � day of <br /> , 1999, by and between Loyd A. and Judit A. Luehr, <br /> h band and wife, (hereinafter "Luehr" ) , and the City of Wood <br /> River, Wood River, Nebraska (hereinafter "City" ) ; <br /> WHEREAS, City filed Application A-17608 for a Municipal <br /> and Rural Domestic Groundwater Transfer Permit and Applications A- <br /> 17334 and A-17630 for Permits to Appropriate Natural Flow for <br /> Induced Ground Water Recharge (hereinafter collectively referred to <br /> as "Applications" ) with the Department of Water Resources <br /> (hereinafter "DWR" ) ; and <br /> WHEREAS, Luehr filed a tin►ely Objection and request for <br /> hearing with DWR to the Application as the owner of real estate <br /> legally described as follows : <br /> Lots 1 , 2 , 3, 4, and 5 Island, and the Northeast Quarter <br /> of the Northeast Quarter, in Section 17, Township 9 <br /> North, Range 11 West of the 6th P.M. , Hall County, <br /> Nebraska; and <br /> WHEREAS, Luehr has three registered irrigation wells on <br /> their property described above and numbered as follows: Well <br /> Registration Nos . G-8501, G-8502, and G-60803; and <br /> WHEREAS, Luehr also has one 100 gallon per minute well <br /> used for irrigation, registration pending, two stock wells, and a <br /> domestic well located on their property described above; and <br /> WHEREAS, Luehr's Objection to Applications was based upon <br /> the statutory and constitutional preferences for domestic water <br /> supply, which City could exercise in order to restrict the usage of <br /> the Luehr wells, and a concern over future land use restrictions; <br /> and <br /> WHEREAS, this Agreement is to be filed for record with <br /> the Hall County Register of Deeds, and DWR to give notice of this <br /> Agreement between Luehr and City. <br /> NOW, THEREFORE, in consideration of the mutual covenants, <br /> terms, and conditions of this Agreement, the parties hereby agreed <br /> as follows : <br /> 1 . Bindina. The parties agree that this Agreement <br /> shall run with the land owned by Luehr, and be binding upon the <br /> heirs, successors and assigns, and future owners of the real <br /> property owned by Luehr, as legally described above, in perpetuity. <br /> 2 . Location of Citv's Well. City's municipal supply <br /> wells are planned to be located on real estate legally described as <br /> follows : <br /> COOK, WIGHTMAN & DOYLE <br /> LAWYERS <br /> P.O.BOX 100 <br /> LEXINGTON,NEBRASKA 68850-0100 <br /> TEL: (308) 3245575 <br />