2014-07-22_HYDROLOGY - M2000041 - Laserfiche WebLink

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MITIGATION AGREEMENT This agreement ( "Agreement ") is entered into this !r? day of July, 2014, by Stonewall Springs Quarry, LLC ( "Stonewall "), Fremont Paving & Redi Mix, Inc. ( "Fremont "), and Southwest Farms, Inc. ( "Southwest "). Stonewall, Fremont, and Southwest may hereinafter be collectively referred to as "parties" or individually as a "party" RECITALS 1. Stonewall is the owner of certain real property in Pueblo County, Colorado, more fully described in Exhibit A, attached hereto (the "Stonewall Property "). 2. Fremont and Stonewall entered into a Sand and Gravel Lease, whereby Fremont obtained the right to mine aggregate materials from the Stonewall Property. 3. Southwest is the owner of certain real property located at 214 39 'h Lane, Pueblo Colorado, more fully described in Exhibit B, attached hereto as Exhibit B. ( "Southwest Property "). Southwest operates a farm on the Southwest Property. The mine on the Stonewall Property is referred to as the Evans #2 Pit. Fremont is currently mining Phase 1 of the Evans #2 Pit. 4. The Stonewall Property and the Southwest Property share a common border, with the Stonewall Property situated to the south and east of the Southwest Property. The Stonewall Property and the Southwest Property may be hereinafter collectively referred to as the "Properties ". 5. Certain disputes have arisen between Fremont and Southwest regarding water usage at the Properties, including a dispute about the effect that dewatering the gravel mine within the Stonewall Property has on Southwest Farms' wells. 6. The parties intend by this Agreement to fully and completely resolve all existing and potential claims between them regarding water usage at the Properties. The Parties have agreed to submit a monitoring plan to the State, separate from this Agreement. This Agreement is a compromise of disputed claims, and is entered into without admission of liability or wrong doing by any party. AGREEMENT NOW, THEREFORE, the parties agree as follows: A. Southwest claims de- watering of Phase I has adversely effected the water available to it from its' agricultural wells. Fremont denies its' de- watering activities have adversely affected Southwest's agricultural wells. Nonetheless, as a compromise. Fremont agrees to install at its expense before October 31, 2014, up to 2700 linear feet of pipeline capable of delivering a minimum of 1200 gallons