2002-10-25_REVISION - M1986015 (5)

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WHEREAS, Mrs. Helmsing is the successor-in-interest to the interest of Jack Helmsing in the Well and the Agreement; and WHEREAS, Valco, Inc. has leased the mineral rights in the property that is the subject ofthe Agreement to Continental Materials, the parent company of Transit Mix of Pueblo; and WHEREAS, Transit Mix has filed a Gravel Pit Well Permit Application with the Colorado State Engineers Office, Application Receipt No. 486252; and WHEREAS, the Gravel Pit Well Permit Application is the subject of proceeding before the Colorado State Engineer in Case No. 02-SE-03, and WHEREAS, Mrs. Helmsing is a protestor in Case No. 02-5E-03; and WHEREAS, the parties desire to agree to terms and conditions for the satisfaction of the conditions described in the above referenced Agreement and settlement of Case No. 02-5E-03. THEREFORE, in consideration of the mutual covenants and agreements, the parties agree as follows: i. Continued Well Use. Mrs. Helmsing shall continue to use the Helmsing Well until such time as Transit Mix and Valco provide a replacement water supply pursuant to the terms of this Agreement. Transit Mix and Valco agree that until such time as a replacement water supply is provided pursuant to the terms of this Agreement, the mining operations and dewatering area will be limited to the portions of the NE 1/4 of Section 34, Township 20 South, Range 67 West of the 6`'' P.M. shown in the attached map, and Transit Mix will limit its mining operation and dewatering area to lands at Least 200 feet from the Helmsing Well. During the time prior to the time a replacement water supply is provided to Mrs. Helmsing, Transit Mix shall obtain a water quality sample from the Helmsing well at least twice between the time this agreement is signed and April I, 2003. The water quality samples shall be tested for total dissolved solids, alkalinity, total suspended solids, sodium, bicarbonate, magnesium, iron, sulfate and nitrate and such tests shall be completed at the sole cost and expense of Transit Mix. Ivfrs. Helmsing will upon entry of this agreement, provide water quality data from past sample(s) taken from the Helmsing well. All data from the water quality samples at the Helmsing Well and the monitoring wells described on the attached Exhibit B shall be provided to Mrs. Helmsing upon request. 2. Replacement Water Supply. Valco and Transit Mix agree to exercise [heir best efforts to provide a permanent replacement water supply to Mrs. Helmsing no later than April 1, 2003, excepting for circumstances, conditions or the occurrence of events beyond the reasonable control of Valco or Transit Mix. In the event the Helmsing Well does not produce an adequate supply for the current irrigation purposes, up to the currently permitted amount of fifteen gallons per minute of flow and up to an annual amount of 1 acre foot per year, and the permanent replacement 2