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201103583 <br />EXHIBIT D <br />WATER USES AND WATER RIGHTS <br />I. Water Uses and Water Rights Reserved to the Grantor <br />("Landowner") (Reference Warranty Easement Deed Part II. F.) <br />A. The Landowners-Grantors retain the right to allow center pivot <br />irrigation systems to cross over the WRP easement area (Exhibit A). <br />The purpose is to allow the landowner flexibility when irrigating the <br />surrounding cropland not enrolled in WRP. <br />B. To allow for the successful travel of center pivot irrigation systems <br />through hydric soils, it is understood that minor.modifications may be <br />needed to the land directly around and within the center pivot track. <br />To minimize impacts to the easement area, reasonable modifications <br />to the irrigation system itself shall be tried prior to land modifications. <br />C. All land modifications (if necessary) will be addressed in the <br />Wetlands Reserve Plan of Operations (WRPO) and approved by <br />NRCS prior to implementation. NRCS Staff and partners in <br />conjunction with the landowner will provide site assessment and <br />individual site recommendations when formulating the WRPO. <br />D. Infrastructure and practices prohibited in order to protect the integrity <br />of the easement area: <br />1. Elevated berms for pivot travel. <br />2. Raised center pivot tracks. <br />3. Chemigation within the WRP boundary. <br />E. The Landowners-Grantors are responsible for obtaining any <br />necessary permits when exercising this right. No modification to the <br />land will be allowed that would be in violation of Federal, State, or <br />Local laws. <br />