Laserfiche WebLink
Agreement <br />Page 2 of 4 <br />2. Fremont Paving will file and prosecute a proceeding in `eater Court to change the <br />Plum Creek Pipeline water rights to include without limitation the uses described in paragraph 1; <br />and Fremont Paving agrees to ACiUA's use of these water rights for those purposes. <br />3. Fremont Paving will at all times relevant to this Agreement operate the diversion of' <br />and record keeping for the I'lum Creek Pipeline water rights, and will provide AQUA with <br />records ofsucil diversions on a monthly basis. The parties will cooperate to coordinate these <br />diversions and operations to meet the needs describe(] in this Agreement. <br />4. AGUA shall transfer the membership described in Recital G above to the MacKcnzie <br />Industrial Well. AGUA waives any fees for water or the provision of water For this membership, <br />but not annual membership fees or similar charges, the latter of" which Fremont Paving will <br />continue to pay and keep current. <br />5. Immediately upon execution of this Agreement, AGUA leases to Fremont Paving <br />water that is determined by the parties to be an amount, location, and timing sufficient to replace <br />out -of- priority depletions from evaporation and operations at the North River Pit, up to )2.44 <br />acre -feet per year which includes evaporation and operations depletions. Fremont Paving shall <br />be responsible for requesting, prosecuting, and operating replacement or substitute water supply <br />plans using this water for such purposes. !,or the first year of this Agreement, AGUA shall lease <br />to Fremont Paving 1.6 acre -feet for these purposes since the N(filh ILivcr Pit is not currently <br />operating. Fremont Paving shall notify AGUA at least 60 days prior to an), change in the amount <br />of such water that is to be leased after the first year. <br />6. AGUA shall provide water for and shall provide for storage and release of water to <br />replace historical non- irrigation season return flows owed as a result of the change of the Plum <br />Creek Pipeline water rights, as such replacement requirements are established by the change of <br />water rights or any substitute water supply plan pending the change of water rights and for non - <br />irrigation season replacement or a igmentati6ii requirements for the MacKenzie Industrial Well <br />as such may be required by any substitute water supply or augmentation plan for that Well. <br />Fremont Paving shall be solely responsible for filing, prosecuting, and maintaining any substitute <br />water supply and augmentation plans for the MacKenzie Industrial Well for which such <br />replacement or augmentation release are required. Such water may be provided from the Plum <br />Creek Pipeline water rights or other water sources available to AGLIA. <br />7. Fremont Paving estimates that approximately 95.1 acre -feet per year of water may be <br />produced from the Plum Creek Pipeline water rights, of which 27.9 acre -feet per year represents <br />the return flow replacement requirement described in paragraph 5 above. This estimate is only <br />an estimate and may be modified pursuant to further investigation and substitute water supply <br />plans and the change of water rights. <br />8. Fremont Paving shall pay AGUA only for any water supplied pursuant to this <br />Agreement that is over and above the amount of water that can be physically and legally <br />15061 -1M j:lfremont PaN- ing1AGUA proposal 9 -12 -14 <br />