Common use of Development of the GRP Clause in Contracts

Development of the GRP. (a) The Authority shall develop a single GRP for all Participants. In general, the intent of the Participants is that the GRP will be based upon the Project such that the Authority will design, permit, construct, own, operate, maintain, and administer certain infrastructure, in phases, that will withdraw raw surface water from Lake Conroe, and other sources that may be developed if necessary, for treatment and transmission to certain Participants. As provided in this Contract, such Participants will be required by the Authority to utilize surface water and groundwater resources in a manner that will allow other Participants and new Participants to continue to develop and utilize groundwater resources and minimize the costs to all Participants to comply with the Conservation District's groundwater reduction requirements under the Plan. Further, the intent of the Participants is that the GRP will provide for an amount of surface water to be utilized by certain Participants that will be sufficient to allow for the continued development and use of groundwater resources by all Participants, including those utilizing surface water, in a manner that, to the greatest extent practicable, is unimpeded by the requirements of the Plan. (b) In order to equitably distribute the costs of compliance among the Participants, all Participants will pay certain fees to the Authority for their groundwater usage, and those Participants that will be served by the Project will additionally pay the Authority the prevailing rate for Water. As provided in this Contract, the Authority's fees, rates, and charges will be established so that Participants are neither benefited nor penalized for being required to take Water from the Project, or for relying solely upon groundwater resources to meet their demands. The Authority's determination as to which Participants will receive Water will be made based upon factors (i) through (v) described in Section 4.02(a). (c) The Authority reserves the right to include strategies in the GRP, in addition to the Project, that are reasonably determined by the Authority to be beneficial to all Participants, for the reduction in groundwater usage and compliance with the Conservation District's groundwater reduction requirements under the Plan, which strategies (collectively, "Alternative Strategies") may include (i) the re-use of treated wastewater effluent for beneficial purposes that would otherwise require the use of groundwater supplies, (ii) the sale of raw or untreated surface water for beneficial uses that would otherwise require the use of groundwater supplies, (iii) incentives to conserve water usage or implement water re-use, or (iv) other projects that confer a benefit to all Participants such that equity requires that the costs of same be shared among all Participants. The Parties acknowledge that this Contract is not intended, and shall not be deemed or construed, to authorize or permit the Authority to require Participant to undertake any Alternative Strategies nor to require Participant to take any water from the Authority other than Water. The Authority reserves the right to contract with Regulated Users and/or Participants relative to the implementation of Alternative Strategies for such purposes. If implemented by the Authority, Alternative Strategies shall be made available to all Participants, as reasonably practicable, on a uniform basis. (d) The GRP Administrator shall make available (in digital format) one or more drafts of the proposed GRP for review by Participant. Participant agrees to review each draft and promptly provide any comments it may have to the GRP Administrator. (e) The Authority may amend the proposed GRP, as it reasonably determines necessary or appropriate, to respond to comments it may receive from Participant, other Participants, the Conservation District or any state, federal, or other regulatory authority having jurisdiction, and it shall thereafter distribute (in digital format) the proposed GRP, as and if amended, to all Participants.

Development of the GRP. (a) The Authority shall develop a single GRP for all Participants. In general, the intent of the Participants is that the GRP will be based upon the Project such that the Authority will design, permit, construct, own, operate, maintain, and administer certain infrastructure, in phases, that will withdraw raw surface water from Lake Conroe, and other sources that may be developed if necessary, for treatment and transmission to certain Participants. As provided in this Contract, such Participants will be required by the Authority to utilize surface water and groundwater resources in a manner that will allow other Participants and new Participants to continue to develop and utilize groundwater resources and minimize the costs to all Participants to comply with the Conservation District's groundwater reduction requirements under the Plan. Further, the intent of the Participants is that the GRP will provide for an amount of surface water to be utilized by certain Participants that will be sufficient to allow for the continued development and use of groundwater resources by all Participants, including those utilizing surface water, in a manner that, to the greatest extent practicable, is unimpeded by the requirements of the Plan. (b) In order to equitably distribute the costs of compliance among the Participants, all Participants will pay certain fees to the Authority for their groundwater usage, and those Participants that will be served by the Project will additionally pay the Authority the prevailing rate for Water. As provided in this Contract, the Authority's fees, rates, and charges will be established so that Participants are neither benefited nor penalized for being required to take Water from the Project, or for relying solely upon groundwater resources to meet their demands. The Authority's determination as to which Participants will receive Water will be made based upon the benefit to all Participants, the capital investment of the Participants in water supply infrastructure, and without regard to a particular Participant's proximity to the Project. factors (i) through (v) described in Section 4.02(a). (c) The Authority reserves the right to include strategies in the GRP, in addition to the Project, that are reasonably deemedreasonably determined by the Authority in its sound discretion to be beneficial to all Participants, for the reduction in groundwater usage and compliance with the Conservation District's groundwater reduction requirements under the Plan, which strategies (collectively, "Alternative Strategies") may include (i) the re-use of treated wastewater effluent for beneficial purposes that would otherwise require the use of groundwater supplies, (ii) the sale of raw or untreated surface water for beneficial uses that would otherwise require the use of groundwater supplies, or (iii) incentives to conserve water usage or implement water re-use, or (iv) other projects that confer a benefit to all Participants such that equity requires that the costs of same be shared among all Participants. The Parties acknowledge that this Contract is not intended, and shall not be deemed or construed, to authorize or permit the Authority to require Participant to undertake any Alternative Strategies nor to require Participant to take any water from the Authority other than Water. The Authority reserves the right to contract with Regulated Users and/or Participants relative to the implementation of Alternative Strategies for such purposes. If implemented by the Authority, Alternative Strategies shall be made available to all Participants, as reasonably practicable, on a uniform basis. (d) The GRP Administrator shall make available (in digital format) one or more drafts of the proposed GRP for review by Participant. Participant agrees to review each draft and promptly provide any comments it may have to the GRP Administrator. (e) The Authority may amend the proposed GRP, as it reasonably determines necessary or appropriate, to respond to comments it may receive from Participant, other Participants, the Conservation District or any state, federal, or other regulatory authority having jurisdiction, and it shall thereafter distribute (in digital format) the proposed GRP, as and if amended, to all Participants.or

Development of the GRP. (a) The Authority shall develop a single GRP for all Participants. In general, the intent of the Participants is that the GRP will be based upon the Project such that the Authority will design, permit, construct, own, operate, maintain, and administer certain infrastructure, in phases, that will withdraw raw surface water from Lake Conroe, and if necessary obtain other sources that may be developed if necessaryraw water supplies, for treatment and transmission to certain Participants. As provided in this Contract, such Participants will be required by the Authority to utilize surface water and groundwater resources in a manner that will allow other Participants and new Participants to continue to develop and utilize groundwater resources and minimize the costs to all Participants to comply with the Conservation District's groundwater reduction requirements under the Plan. Further, the intent of the Participants is that the GRP will provide for an amount of surface water to be utilized by certain Participants that will be sufficient to allow for the continued development and use of groundwater resources by all Participants, including those utilizing surface water, in a manner that, to the greatest extent practicable, is unimpeded by the requirements of the Plan. (b) In order to equitably distribute the costs of compliance among the Participants, all Participants will pay certain fees to the Authority for their groundwater usage, and those Participants that will be served by the Project will additionally pay the Authority the prevailing rate for Water. As provided in this Contract, the Authority's fees, rates, and charges will be established so that Participants are neither benefited nor penalized for being required to take Water from the Project, or for relying solely upon groundwater resources to meet their demands. The Authority's determination as to which Participants will receive Water will be made based upon factors the benefit to all Participants, the capital investment of the Participantsfactors (i) through (v) described in water supply infrastructure, and without regard to Section 4.02(a4.02(a particular Participant's proximity to the Project.). (c) The Authority reserves the right to include strategies in the GRP, in addition to the Project, that are reasonably deemedreasonably determined by the Authority in its sound discretion to be beneficial to all Participants, for the reduction in groundwater usage and compliance with the Conservation District's groundwater reduction requirements under the Plan, which strategies (collectively, "Alternative Strategies") may include (i) the re-use of treated wastewater effluent for beneficial purposes that would otherwise require the use of groundwater supplies, (ii) the sale of raw or untreated surface water for beneficial uses that would otherwise require the use of groundwater supplies, or (iiiiii(iii) incentives to conserve water usage or implement water Water re-use, or (iv) other projects that confer a benefit to all Participants such that equity requires that the costs of same be shared among all Participants. The Parties acknowledge that this Contract is not intended, and shall not be deemed or construed, to authorize or permit the Authority to require Participant to undertake any Alternative Strategies Strategies. nor to require Participant to take any water from the Authority other than Water. The Authority reserves the right to contract with Regulated Users and/or Participants relative to the implementation of Alternative Strategies for such purposes. If implemented by the Authority, Alternative Strategies shall be made available to all Participants, as reasonably practicable, practicable on a uniform basis. (d) The GRP Administrator shall make available (in digital format) one or more drafts of the proposed GRP for review by Participant. Participant agrees to review each draft and promptly provide any comments it may have to the GRP Administrator. (e) The Authority may amend the proposed GRP, as it deemedit reasonably determines necessary or appropriateappropriate in the Authority's sole discretion, to respond to comments it may receive from Participant, other Participants, the Conservation District or any state, federal, or other regulatory authority having jurisdiction, and it shall thereafter distribute (in digital format) the proposed GRP, as and if amended, to all Participants.