Administration of Water Rights. Subject to the provisions of the Partial Final Decree, the Supplemental Partial Final Decree and this Agreement, the Navajo Nation and the United States, acting in its capacity as trustee for the Navajo Nation, agree that the New Mexico State Engineer has authority under state law to administer water rights within, and to supervise the apportionment, diversion and use of the waters of, the San Xxxx River Basin in New Mexico, including by appointment of watermasters, according to the orders and decrees of the Court in the Stream Adjudication and the licenses and permits issued by the State Engineer in the Basin.
Administration of Water Rights. From and after the Closing, Buyer covenants and agrees to, and shall be solely responsible for the costs and efforts required to, maintain the Water Rights in good standing and for the preparation and maintenance of all documentation and record keeping necessary or helpful to that purpose. Additionally, Buyer will be responsible for and agrees to prepare, pay the application fees for and prosecute any and all water rights applications and cases necessary to change the use of the Water Rights in accordance with Buyer’s plans, investments and activities, including Buyer's agreement to serve water to the Future Development pursuant to the Service Agreement. Seller agrees, as requested, but at no cost to Seller except as may be agreed to in the Service Agreement, to assist and cooperate with Buyer in those efforts. Buyer agrees to at all times keep Seller informed of its planned actions with regard to the Water Rights and provide Seller with the opportunity to review and approve, in Seller's reasonable discretion, for consistency with the Service Agreement all applications and related filings, including any pertinent engineering data and reports, regarding those Water Rights. To assist Buyer in further developing and maintaining the Water Rights, to the extent owned by Seller, Seller agrees, for a period of five (5) years from the Closing Date, to allow Buyer to apply the water to the land historically irrigated by the Water Rights as described in Exhibit F hereof attached hereto (the "Irrigable Land"), with the condition that those irrigation rights and the application of water for beneficial consumptive use will not interfere with Seller’s ability to graze or hxxx on the Irrigable Land, except as provided in Section 5.8 below.
Administration of Water Rights. From and after the Closing, TRW, in conjunction with Two Rivers, covenants and agrees to, and shall be solely responsible for the costs and efforts required to, maintain the Water Rights in good standing and for the preparation and maintenance of all documentation and record keeping necessary or helpful to that purpose. Additionally, TRW, in conjunction with Two Rivers, will be responsible for and agrees to prepare, pay the application fees for and prosecute any and all water rights applications and cases necessary to restore the consumptive use of the Water Rights initially, and later change the use of the Water Rights in accordance with TRW's plans, investments and activities, including TRW's agreement to serve municipal water to the Future Development pursuant to this Agreement. MWI agrees, if requested by TRW, to assist and cooperate with TRW in those efforts, but MWI shall not be responsible for any costs incurred by TRW in those efforts. TRW agrees to periodically, but not less often than quarter annually, keep MWI informed of its planned actions with regard to the Water Rights and provide MWI with the opportunity to review and comment on all applications and related filings, including any pertinent engineering data and reports, regarding those Water Rights prior to TRW filing the applications with appropriate authorities. TRW and Two Rivers agree to take all commercially reasonable actions that may be necessary to protect or preserve the Water Rights.
Administration of Water Rights
