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- Attachment 1 RECEIVED <br /> 23Nit <br /> VR nEsoURCSs <br /> STATECOI INEER <br /> AGREEMENT <br /> This Agreement is entered into this IIq day of MfQ-0A.. ,2018 between Fremont <br /> Paving and Ready Mix,Inc.("Fremont"),whose address is 839 Mackenzie Ave,Canon City,CO <br /> 91212,and the Arkansas Groundwater Users Association("AGUA"),whose address is P.O. <br /> Box 11446,Pueblo,CO 81001. Fremont and or AGUA are referred to collectively as the <br /> "Parties" <br /> RECfALS <br /> WHEREAS,Fremont owns the certain water rights quantified and changed to allow <br /> diversion at the Plum Crack Pipe Line Ditch("Plum Creek Pipeline Water Rights")by the decree <br /> in Case No. 14CW3049,dated October 2,2017("Decree"). <br /> WHEREAS,Fremont owns the MacKenzie Well located in the SW%4 SE'/,Section 2, <br /> Township 19 South,Range 70 West of the 66 P.M.,Fremont County,Colorado. Fremont also <br /> operates a gravel pit known as the Pueblo East Pit at Evans No.2 Mine(aWa"Pueblo East Pit") <br /> located in the S %s Section 35,Township 20 South,Range 63 West of the 6*P.M.,Pueblo <br /> County,Colorado. Fremont also operates a gravel pit known as the North River Pit located in <br /> the NE 114 Section 1,Township 24 South,Range 55 West and the SE 1/4 Section 36,Township <br /> 23 South,Range 55 West of the 61'P.M.,Otero County,Colorado. <br /> WHEREAS,AGUA is a nonprofit association of well owners organized in part to <br /> develop water resources in order to provide augmentation and replacement water used to replace <br /> out-of-priority depletions caused by pumping of its members' wells,which AGUA accomplishes <br /> through plans for augmentation,substitute water supply plans,and administratively approved <br /> replacement plans pursuant to the Amended Rules and Regulations Governing the Diversion and <br /> Use of Tributary Ground Water in the Arkansas River Basin,Colorado. <br /> WHEREAS,Fremont is a member of AGUA,and AGUA provides augmentation water <br /> for depletions caused by the Pueblo East Pit and the North River Pit. <br /> WHEREAS,the fully consumable"Excess Credits"as defined in paragraph 12 of the <br /> Decree are available for augmentation and replacement uses by AGUA directly or following <br /> release from Pueblo Reservoir. <br /> WHEREAS,Fremont and AGUA desire to enter this Agreement to allow AGUA to use <br /> the Excess Credits,and to offset the amount of replacement water Fremont pays AGUA for <br /> annually by the amount of Excess Credits used by AGUA;and <br /> WHEREAS,the Decree requires Fremont and AGUA enter a contract prior to Fremont <br /> diverting the Plum Creek Pipeline Water Rights and prior to AGUA using the Excess Credits for <br /> replacement and augmentation use. The Parties intend for this Agreement to comply with those <br /> Decree requirements. <br /> Page 1 of 4 <br />