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200907671
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Last modified
9/23/2009 10:38:31 AM
Creation date
9/23/2009 10:38:31 AM
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DEEDS
Inst Number
200907671
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2oo~o7s~i <br />d. Water wells capable of pumping 50 gallons per minute or less may be used to <br />provide water on the Property for (1) household and other domestic uses, ar (2) <br />watering range livestock. <br />e. No use of the water from a natural stream, regardless of whether or not a permit for <br />such use is required from the Nebraska Department of Natural Resources or any <br />successor agency, shall be made on the Property except for providing water for <br />range livestock on the Property. <br />f. No water from any water well not located on the Property shall be used on the <br />Property except for (1) household and other domestic uses, or (2) .watering range <br />livestock. <br />g. The Froperty must remain in dryland agricultural production unless prior written <br />approval is granted by the District to alter this prohibition. No crops, hay, grass or <br />other plants that could be subirrigated shall be grown on Property. Only those items <br />listed on Exhibit "1"maybe grown an the property unless prior written <br />approval is granted by the District. <br />h. No use shall be made of the Property which will consume groundwater, <br />including, but not limited to, the following: <br />(1) No pits or other excavated areas that would expose or consume ground <br />water shall be allowed; <br />(2) No mining, sand or gravel operations shall be allowed; <br />(3) No industrial, commercial, agricultural or residential development shall <br />occur on the Property unless prior written approval is granted by the <br />District. <br />3. This Conservation Easement shall be perpetual. It is appurtenant and runs with the <br />land as an incorporeal interest in the Property and shall be enforceable against any owner or <br />other person having any interest in the above described property including the Grantor, all <br />persons or entities holding any interest acquired through the Grantor and all Grantor's heirs, <br />successors, assigns and personal representatives. <br />4. It is the Grantor's intent, through this Deed of Conservation Easement, to permanently <br />transfer and surrender any rights that they or their successors, heirs, assigns or personal <br />representatives may have to irrigate or subirrigate the above~described property and to <br />permanently prevent the development and use of any ground water for any uses on the Property <br />or off except those specifically permitted by Paragraph 2 above. The fact that the well or wells <br />on the Property have been decommissioned, reduced in pumping capacity to SO gallons per <br />minute ar less, or are no longer used to irrigate the Property cannot be used to supply an o#f'set to <br />allow irrigation of any other land ar any other water use or to justify construction of a new water <br />well as a replacement. <br />
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