INFORMATION ABOUT THE
FOR WELL OWNERS IN SAHUARITA HEIGHTS
FOR WELL OWNERS IN SAHUARITA HEIGHTS
The Well Protection Program agreement is in two parts. The first part is the Master Agreement which Rosemont has signed and which will be recorded as a covenant and restriction on the well site property they own in the area. You do not have to sign the Master Agreement. Rosemont has already signed it and it is now binding on them
The second agreement is the Well Owner Agreement. This is an document you need to sign to get the benefit of the Well Protection Program. It basically summarizes the Master Agreement. Your individual agreement becomes part of the Master Agreement, and will be recorded also.
To join the Well Protection Program the legal owners of your property and well need to sign the Individual Well Owner Agreement, have your signature notarized, and send it back to Donna Stallings, United Sahuarita Well Owners at 17051 S. Alvernon, Sahuarita, Arizona 85629 If you have any questions please call Donna at 907 9333. She is a notary public.
Hugh Holub is available to answer any question you have. He will come out to your home if you desire. Please call Donna at 907 9333 to schedule a meting with Mr. Holub. You can also email Mr. Holub your questions at firstname.lastname@example.org
SUMMARY OF WELL PROTECTION PROGRAM MASTER AGREEMENT
The Master Agreement for Well Protection that Rosemont Copper Company has signed establishes an area in which all wells are eligible to be part of the Well Protection Program.
The Well Protection Program has several parts.
The first part is the Pump Insurance (Section 5 ). Immediately upon a well owner signing the Well Owner Agreement, your well will have insurance so if your pump fails, it will be replaced at no cost to you. What is covered in the pump insurance program is:
the water production pump and the
pump column pipe, any electrical equipment directly
connected to and functioning as the power source for the pump, the pump
motor, the cable within the well bore, the column pipe, and the
above ground items such as the
sanitary seal (if disturbed by the repair), the bladder or hydropneumatic
tank and miscellaneous above ground piping in the vicinity of the
The pump insurance can be terminated if
Rosemont does not get its permits to do its mine. The pump insurance is in
The second part of the Well Protection Program is called the Basic Well Survey, Analysis and Maintenance Program in Section 4 of the Master Agreement.
This part triggers when and if Rosemont gets its federal permits to do its mine. If Rosemont does not get its federal permits, then the rest of the Well Protection Program goes away. But if they get their permit, this and the rest of the Master Agreement go into effect.
The Well Survey process starts when Rosemont gets their federal permits. This involves a kind of health check on your well…how deep is it, where is your pump, what condition is you pump, and so on. For any well that would be immediately affected once Rosemont starts pumping, your well will be repaired or replaced. The Well Survey program starts with the wells within ¼ mile of Rosemont’s wells, and moves outward a ¼ mile each year until all wells in the area have been surveyed.
The Well Repair. Deepening and Replacement Program at Section 6 of the Master Agreement is the heart of the Well Protection Program.
Our goal was no one in the impacted area would lose their water supply because Rosemont put their wells in your neighborhood.
The Well Repair and Replacement program requires Rosemont to repair or replace every well that joins the program when the water table drops to within 50 feet of your current pump setting or the bottom of your casing.
The wells closest to the Rosemont wells will obviously be dealt with first. The wells farthest from Rosemont’s wells will follow. The impact of the projected pumping is not immediate over the entire area, nor the same over the entire area. The greatest impact is nearest to Rosemont’s wells. The impact diminishes the farther way from Rosemont wells.
WHAT IF ROSEMONT SELLS THE WELLS
There is also a provision in the Master Agreement giving the individual well owners the right to get an injunction and shut down the Rosemont wells if they breach the agreement (Paragraph 11.1)
United Sahuarita Well Owners has also requested that if the US Department of Agriculture, US Forest Service issues a permit to allow the mine to proceed, that permit be conditioned on the Well Protection Agreement being in effect.
WHAT IF ROSEMONT DOESN’T
I WANT TO REPLACE MY
WHAT IF ROSEMONT GETS PERMISSION TO PUMP MORE WATER? Then the area in which wells will be included will expand. (Paragraph 3.4). The area could shrink if Rosemont moves its well field away from the impacted area, but if you signed the Well Protection Agreement, your well is covered notwithstanding that.
HOW DEEP WILL MY REPLACEMENT
IS ROSEMONT THE SOLE CAUSE OF MY WATER
LEVEL DROPPING? No. There is over 80,000 acre feet of groundwater pumping
each year in the area. Farmers Investment pumps around 30,000 acre feet a
year, the Freeport mine pumps about 30,000 acre feet a year, the ASARCO
mine pumps about 12,000 acre feet a year but buys some
WHAT IF I
WHERE DO I
WHAT’S THE LANGUAGE ABOUT WAIVING
CLAIMS? Paragraph 1.5 has a provision where if you agree to the Well
Protection Program, you waive any claim you might have to sue Rosemont for
pumping groundwater. Under existing Arizona law, individual well owners do
not have a right to any particular depth to groundwater, and the law
saying someone who takes groundwater outside an Active Management Area is
subject to damages has never been defined. Are the AMA damages to the
state? Rosemont is recharging
WHAT ABOUT THE INTENDED BENEFICIARIES SECTION. Section 2 makes it clear this is an agreement between Rosemont and the neighboring well owners. No other group can claim any rights under this agreement.
WHAT’S THE HYDROLOGIC MODEL SECTION ABOUT? That’s where we got Rosemont to do a hydrological impact study of their proposed pumping, and used it to define the benefit area for the Well Protection Program. There are 9 monitoring wells now in the area that will track the effects of Rosemont’s pumping, and the model will be adjusted as needed. We needed the hydrology study to see where Rosemont’s pumping could impact the neighboring wells.
WHAT HAPPENS TO ROSMEONT’S WELLS WHEN
I AM ON A
WHAT DO I NEED TO DO TO
Once you fill out and sign the
individual Well Owner agreement, please return it to Donna Stallings,
United Sahuarita Well Owners 17051
BACKGROUND PAPER ON LEGAL ISSUES ASSOCIATED WITH
INDUSTRIAL USE PERMITS LIKE ROSEMONT GOT CLICK HERE.