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08/01/02 THU 15:95 FAS Central protecting Central's wells. The Agreement is binding on C & M's successors and assigns. 4. In 2000, Aggregate entered into an Agreement with Central (the "Amended Agreement"). In the Amended Agreement, Aggregate ag~eed to ensure that Central would receive 7 c.f.s. of consumable water during the June 1 -September 15 period of well operation, regardless of Aggregate's dewsetering activity- See Paragraph 3. In the event that Central's wells failed, Aggreg~lte agreed to provide the 7 c.f.s. out of its own supplies of fully consumable water. In return, Central withdrew its objection to Aggregate's Division of Minerals anri Geology and Weld County U.S.R. proceedings, and signed a 600 foot spacing waiver that allowed Aggregate to obtain a well permit for the gravel pit. 5. Aggregate is currently pumping water from the pit to facilitatt: dry mining of sand and gravel. Aggregate's dewatering activity has caused Cerltral's wells to cease production. Since June 1, 2002 Aggregate has failed to provide 7 c.f.s. of fully consumable water as required by the terms of the Agreement. Aggregate owes Central approximately 97 acre feet of fully consumable waver that should have been delivered during the June 1 -June 7 period. Aggregate's daily obligation, which will continue to accumulate until this matter is resolved, is 13.881 acre feet 6. Rathke v. MacFarlane, 648 P.2d 648, 653 (Colo. 1982), states the requirements of a preliminary injunction which include (1) a danger of real, immediate and irreparable injury which may be prevented by injunctive nalief, (2) there is no plain, speedy adequate remedy at law, (3) balance of equities favors the injunction, (4) an injunction should preserve the status quo during the Ume prior to trial on the merits- 7. Central faces the prospect of real, immediate and irreparable injury. Gentral provides augmentation water under a State approved 1:emporary substitute supply plan to approximately 1000 member wells. Under the terms of the plan approved by the State Engineer, Central must replace depletions caused by member wells affecting the South Platte River at the time and in the amount of these depletions affect the River. In order to meet its augmentation demand during the irrigation season, Central must draw upon all of the water rights it owns, including the Brighton Well Field. If Central fails to meet the augmentation demand, it is possible that the State Engineer could enter arr administrative order requiring the cessaticn of pumping from one or more crf Central's member irrigation wells. Central's need for water from the well field i3 particularly acute in 2002 because of the drought the state is experiencing. 8. Central has no plain, speedy adequate reme dy at law. An order requiring cessation of pumping by member wells would cause the loss of growing crops, and would have a ripple effect on the agricultural economy that is difficult to 2 l~ 002 F:U(IMtCCWCIBrighton Well FieldV+ggregate SuitlPl Order 020607.doc