Laserfiche WebLink
Attachment 1 pFGE:NVD <br /> M4R 2 3 M8 <br /> VATF.,R RESOURCIiS` <br /> 1 <br /> NEER <br /> C LO <br /> AGREEMENT <br /> This Agreement is entered into this Iq day of _ <br /> ,.fngg�L 2018 between Fremont <br /> Paving and ead r-1 Ii ,Inc. "Fremon ' ,whose address is 839 Mace Ave,won City,CO <br /> 1212,and the Arkansas Groundwater Users AsmClation "AGUA" ,whose address is F.C. <br /> Box 11446,Pueblo,CO 81001. Fremont and or AQUA are referred to collectively as the <br /> "PaCtes.19 <br /> RECITAM <br /> WHEREAS,Fremont owns the certain water rights quantified and changed to allow <br /> diversion at the Plum Creep Pipe Line Ditch CTIum Creek Pipeline Water Rights")by the decree <br /> in Case No. 14Cw3 049,dated October 2,2017("Decree). <br /> WHEREAS,Fremont owns the Mac en ie well located in the SW Y4SE Section 2, <br /> Township 19 South,Range 70 west of the&P.M.,Fremont County,Colorado.Fremont also <br /> operates a gravel pit known as the Pueblo East Pit at Evans No.2 Aline a&a"Pueblo Bast Pit" <br /> located in the S %Section 35,Township 20 South,Range 63 best of the 611 P.M.,Pueblo <br /> County,Colorado. Fremont also operates a gravel pit Known as the North River Pit located in <br /> the NE 14 Section 1,Township 24 South.,Range 55 west and the SE 14 Section 36,Township <br /> 23 South,Range 55 west of the 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 mmber 'wells,which AGUA accomplishes <br /> through plans for augmentation,substitute water supply plans,and admitu'strati ely 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 AQUA provides augmentation water <br /> for depletions caused by the Pueblo East Pit and the Forth River Pit. <br /> AREAS,the ffully consumable `Excess Credits"a 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 eater 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 AQUA 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 l of 4 <br />