RIO GRANDE WELL. No Party shall construct a new well within a one (1) mile radius of EPWSD’s Rio Grande Well or, prior to the actual construction of that well, its proposed location, with the following exceptions related to the Pueblo:
RIO GRANDE WELL. To provide groundwater production capacity necessary to satisfy EPWSD’s growing municipal, commercial, industrial, domestic, and mitigation obligations in a manner that will minimize effects on the Buffalo Pasture and to provide alternative production capacity in light of the groundwater diversion limits imposed on the El Torreon, Las Colonias, and Sheepskin Xxxxx, EPWSD shall file an application with the State Engineer to divert and consume groundwater from a new well (“Rio Grande Well”) located farther away from the Buffalo Pasture than the existing Sheepskin, Las Colonias, and El Torreon Xxxxx and within two and one-half (2½) miles of the Rio Grande near the U.S. Highway 64 corridor to the Rio Grande Bridge. Specifically, the Rio Grande Well will be located within the model cell identified by row and column as (23, 13) in Attachment 10. The planning, permitting, NEPA compliance, design, and construction of the Rio Grande Well will include the well (pumping from layer 6 or below), pump, pump appurtenances, water lines, booster pumps and appropriate housing, lift stations, arsenic treatment facilities (where necessary), storage facilities, primary electrical lines, the purchase of land, and any other equipment and appurtenances required for arsenic treatment and water distribution from the Rio Grande Well to connect to EPWSD’s municipal distribution system. While the Water Rights Owning Parties have agreed to certain waivers of protests described in Article 6.5.1, this Settlement Agreement does not impose any diversion or consumptive use limitations on the Rio Grande Well. Because the Rio Grande Well has not yet been drilled and its production capabilities are unknown, EPWSD may apply to the State Engineer for a permit to drill replacement or supplemental xxxxx within a two (2) mile radius of the Rio Grande Well if the Rio Grande Well does not produce at least one thousand (1,000) GPM for a continuous ninety-six (96) hour period to replace a portion of EPWSD’s production capacity limited by this Settlement Agreement, notwithstanding the two and one-half (2½) mile limitation set forth immediately above. Under no circumstances will the Rio Grande Well, its replacement well, or xxxxx supplemental thereto be located closer to Las Colonias than where the present Taos Xxxxxxxx Xxxx xxxxxxxxxx X.X. Xxxxxxx 00, as depicted in Attachment 10.
