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24Q9Q58Q4 h. The Property must remain in dryland agricultural production unless prior writt~ or approval is granted by the District to alter this prohibition. No crops, hay, gr shall be graven on Property. only those items other plants that could be subirrigated ~~ ,+ " 2" and " 3"'maybe grown on the property unless prior listed on Exhibits 1 , written approval is granted by the District. i. No use shall be made of the Property which will consume groundwater, including, but not limited t, the following: (1) No pits ar other excavated areas that would expose or consume ground water shall be allowed; (2) No mining, sand or gravel operations shall be allowed; (3) No industrial, commercial, a~cultural or residential development shall occur an the Property unless prior written approval is granted 6y the District.. 3. This Conservation Easement shall be perpetual. It is appurtenant and runs wrth the land as an incorporeal interest in the Property and shall be enforceable against any owner ar other person having any interest in the above described Property including the Grantor, all persons or entities holding any interest acquired through the Grantor and all Grant's heirs, successors, assigns and personal representatives. 4. It is the Cnantor's intent, through'this Deed of Conservation Easement, to permanently transfer and surrender any rights that they or their successors, heirs, assigns or personal representatives may have t irrigate or subirrigate the ~ and water four any uses on the Properly permanently prevent the development and use of any grog or off except those specifically permitted by Paragraph 2 above. The fact that the well or wells an the Property have been decommissioned, reduced in pumping capacity to SQ gallons per minute or less, or are no longer used t irrigate the Froperty cannot be used t supply an offset to allow irrigation of any other land or any other water use or t justify construction of a new water well as a replacement. 5. Upon any breach of the terms of this Conservation Easement by the Grantor, the Grantee may, after reasonable notice to the Grantor, institute suits to enjoin any breach or enforce any covenant by ex pane, temporary, and/or permanent injunction either prohibitive or mandatory. The Grantee's remedies shall be cumulative and shall be in addition to any other rights and remedies available to the Grantee on Easement, the Grant ~ hall reimburse the ve breached any of the terms of this Conservah _ Cnantee for any costs or expenses incurred by thelGra teeNo fa~lure o~~ p~ v the Granteelto attorney's fees to the extent perrrutted by applicab enforce any term of this Conservation Easement shall discharge or invalidate such term or any other term hereof or affect the right of the Grantee t enforce the same in the event of a subsequent breach or default. 3