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ATTACHMENT 2 <br />Agreement <br />This Agreement is made and entered into thi4 day of� 014, ley and between the <br />Arkansas Groundwater Users Association and its successors and assigns ( "AGUA "), whose <br />address is P.O. Box 11446, Pueblo, CO 81001 and Fremont Paving & Redi -Ni ix, Inc. and its <br />successors and assigns ( "hre'niont Paving "), whose address is P.O. Box 841, Canon City, CO <br />81215. <br />RECITALS <br />A. AGUA and Fremont Paving are parties to a Water Lease Agreement entered into on <br />January 8, 2014 which is not affected or modified by this Agreement. <br />B. Fremont Paving owns and /or operates the MacKenzie Industrial Well in Fremont <br />County at a location described in Exhibit A attached»llereto, Well Peri'nit ## 77979 -F, that is used <br />for industrial uses. Fremont Paving has a nedd to �ejilaice but =6f. priority water depletions for the <br />MacKenzie Industrial Well. <br />C. Fremont Paving owns and /or operates the North River Pit, a sand and gravel pit <br />located near La Junta, CO at a location described in Exhihit8B attached hereto, that is use for <br />sand and gravel purposes. Fremont Paving has a need to replace out -of- priority water depletions <br />for the North River Pit. <br />D. Fremont Paving owns water rights described in Exhibit C attached hereto, referred to <br />herein as the Plum Creek Pipeline water rights. <br />E. AGUA has a need for replacement water to satisfy its members' water replacement <br />needs. <br />F. Fremont Paving is a member of AGUA and has membership for wells 1205623 and <br />1205624 that are currently identified as inactive. All membership fees and charges for this well <br />are current. <br />In consideration of the mutual promises contained in this Agreement and other good and <br />valuable consideration, the receipt of which is hereby acknowledged, the parties agree as <br />follows: <br />AGREEMENT <br />1. Tremont Paving leases to AGUA all water produced or producible from its Plum <br />Creel: Pipeline water rights for the term of this Agreement, to be used for all legal purposes, <br />including but not limited to replacement of water depletions in AGLJA's replacement, <br />augmentation, or substitute water supply plans, except for 15 a.f.y. of consumptive use water or <br />credits more particularly described in paragraph 4 below. <br />1506 1 -1 j: \Fremont Paving \AGLJA Agreement 9 -12 -14 <br />