In the South32 Landowner Agreement contract proposal sent to landowners, South32 states that South32 will ‘ensure safe access to and use of a suitable replacement water source based on
Landowner’s prior existing water uses.’ While this provision of the contract proposal does guarantee access to water, it does not provide for any change in a landowner’s water usage over time.
What happens when a landowner decides to plant an orchard, start a tree farm, install a greenhouse, or needs additional water?
By agreeing to the terms of the South32 Landowner Agreement contract, as presented, landowners are locking themselves into an agreement that caps access to water while South32 is permitted to discharge up to 6.5 million gallons of water per day for the life of the Hermosa Mine operation.

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