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Contracts Keyed to Fuller
URI, Inc. v. Kleberg County
Citation:
543 S.W.3d 755 (Tex. 2018)Facts
In 2004, URI and Kleberg County entered into a settlement agreement resolving litigation over uranium mining operations. Section 11.1 of the agreement conditioned URI’s resumption of mining in Production Area 3 (PAA 3) on URI’s certification that wells in Production Area 1 (PAA 1) had been restored to pre-mining water quality if the water had been suitable for drinking, livestock, or irrigation uses before mining began in 1988. In 2007, URI certified that no wells required restoration and resumed mining in PAA 3. Kleberg County disputed URI’s compliance, arguing that Well I-11 had been suitable for irrigation according to 1985 baseline data. URI had relied on both 1985 and 1987 baseline data, which when averaged showed the well was unsuitable for any specified use before mining began. Kleberg County contended that the 1987 data should not be considered because it was not publicly available when the settlement agreement was executed in 2004.
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