PERMFILE116454 - Laserfiche WebLink

Home Browse Search

., .. ~ 1. EPPS and HUDSONS hereby agree to hold PEABODY harmless for any impacts to Temple Well No. 1 and its associated water right which may occur as a result of mining and reclamation activities at Seneca II-W Mine. EPPS and HUDSONS specifically acknowledge that Seneca II-W Mine may interfere with the flow and quality of water at the spring, and hereby consent to, and waive any claim arising from, such interference. 2. EPPS and HUDSONS state and represent that the only use historically made of the Temple Well No. 1, and the only future use contemplated, has been the watering of livestock. 3. Upon completion of all mining and reclamation activity at Seneca Mine, and upon release of all reclamation obligations and liabilities by appropriate governmental agencies, PEABODY shall provide a replacement well to EPPS and HUDSONS suitable for, and to be used by EPPS and HUDSONS solely for, the purpose of watering livestock, on the following basis: (a) The well will be constructed at a location reasonably nearby the location of the existing Temple Well No. 1, as mutually agreed by PEABODY and EPPS and HUDSONS. (b) The well will be capable of producing at least 1.5 gallons per minute. (c) EPPS and HUDSONS shall be responsible for providing all pumps, pipes, tanks, and other appliances and equipment needed to hold or transport the water from the well to the point of use. (d) PEABODY shall permit, drill and case the well, at PEABODY's cost. (e) The water from the well must be of a quality at the time the well is provided to EPPS and HUDSONS which will meet the livestock drinking water standards published by the National Academy of Sciences and the National Academy of Engineering in March, 1972, Publication NTIS PB 236-199. 4. In the event of default by PEABODY hereunder, EPPS and HUDSONS xsE shall have all remedies available in law or equity, including but not limited to the right to specific performance. This Agreement shall be DSE~ enforced in accordance with the laws of the State of Colorado. * See additional language below, taoH 5. This Agreement may be assigned by any party hereto upon notice to the other parties. All rights and obligations hereunder shall be ETII binding upon, and shall inure to the benefit of the parties, their successors and assigns. D S * The prevailing party in any court proceeding concerning the obligations and provisions ~~ of this agreement shall be entitled to their reasonable attorney's fees. -2- 16-1-31