Change Applications Clause Samples

Change Applications. Dedicator recognizes that the manner of use and place of use of the Water Rights must be changed to allow for municipal use in the City. Change applications that change the points of diversion, manner and place of use of the Water Rights will be prepared so that the Water Rights may be utilized for municipal purposes within the City’s water utility service area as its boundaries are currently set and as they may be expanded through annexation. (a) At the option of the Dedicator, the City may prepare all required change applications. (b) If the Dedicator elects to prepare the required change applications, they must be completed, along with appropriate maps and documentation, to the City’s satisfaction and delivered to the City for submittal to the State Engineer by and on behalf of the City. (c) The City shall pay all associated statutory fees relating to the filing and approval of the Change Application, including but not limited to the application filing fees, permit fees, and certificate fees.

Change Applications i. To the extent that WCWCD desires to file a change application to modify one or more of the City Water Rights by authorizing delivery of Reuse Water within WCWCD’s service area, it will prepare a draft change application and deliver it to the City for review and approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval, the City shall return a signed copy of the change application to WCWCD. WCWCD will then, at its sole cost, file the change application and prosecute it. In the event that (A) a change application is protested, (B) approval of a change application is subject to a request for reconsideration or petition for judicial review, (C) the Utah State Engineer rejects a change application, or (D) the Utah State Engineer imposes conditions on approval of a change application that WCWCD deems unacceptable, WCWCD shall decide whether or how to continue to prosecute the change application to a final, non-appealable Order that is satisfactory to WCWCD. If any of the conditions in this Section 13(b)(i)(A)-(D) are met, WCWCD may elect to withdraw the change application or stop prosecuting it. ii. WCWCD may, in accordance with the procedures set forth in this Section, (A) file one or more change applications to modify the City Water Rights and (B) file a new change application to replace a previously approved change application that WCWCD filed under this Section. iii. The City agrees to cooperate with WCWCD, at WCWCD’s request, in the preparation, filing, and prosecution of any change application permitted by this Section.

Change Applications. The City shall make any change application or other filing required by Utah law or the State Engineer concerning the water covered pursuant to this Agreement, and any Change Application or other filing made pursuant to this paragraph shall be in the City’s name, and at the City’s sole expense. ▇▇▇▇▇▇▇ shall cooperate with and support the City in filing and prosecuting such Change Applications. Such cooperation and support shall include, but not be limited to, not protesting the Change Applications, testifying in support of such Change Applications, and providing all information necessary to the City for the filing and prosecution of such Change Applications and associated proofs.