Common use of BATAAN WELL Clause in Contracts

BATAAN WELL. The Town shall apply to the State Engineer for a permit to transfer the seventy (70) AFY of consumptive use water rights presently permitted to the Xxxxxx Well to a replacement well (“Bataan Well”) to be located in Kit Carson Park but which shall be constructed no nearer to Pueblo Lands than the Town’s existing Kit Xxxxxx Well. Any such transferred production shall be offset and mitigated in accordance with applicable permit conditions. The State Engineer has sent a letter to the Town, included as Attachment 9, regarding use of the Xxxxxx-Xxxxxx hydrologic model in the transfer evaluation. The Water Rights Owning Parties shall not protest any application for action that is consistent with the terms of that letter. The planning, permitting, NEPA compliance, design, engineering and construction of this well will include water lines, booster pump, lift stations, appropriate housing, arsenic treatment facilities, primary electrical lines, the purchase of land, and any other equipment and appurtenances required for arsenic treatment and water distribution from this well to the Town’s municipal distribution system. Pumping from this well shall be from model layers 4 and 5 or below.