Groundwater Rights. It is recognized that groundwater rights holders have valuable rights that must be protected. Groundwater rights holders must not have their rights threatened either by their participation in the Water Forum process or by the groundwater management arrangements called for in the Water Forum Agreement. Consistent with the Groundwater Management Element, nothing in this agreement is intended to call for the reduction or diminution of any exercised or unexercised groundwater rights. Accordingly, the signatories agree that the Water Forum Agreement shall not impair the vested groundwater rights of any person or entity regardless of whether those rights are currently exercised or unexercised. Signatories retain their ability to assert their groundwater rights by participating in the public process of creating rules, regulations, policies and procedures associated with the SGA Sacramento North Area Groundwater Management Authority and other groundwater management arrangements called for by the Water Forum Agreement.
Groundwater Rights. Under California law, ordinary groundwater usage is not regulated by the State Water Resources Control Board the way surface water rights are. Rather, percolating groundwater is unregulated by the state and is available to any overlying land user who can recover it. Landowners overlying percolating groundwater may use it on an equal and correlative basis. All property owners above a common aquifer possess a shared right to reasonable use of the groundwater aquifer. Western Mesquite Mines, Inc. (WMMI) has constructed three groundwater xxxxx (two of which are currently in operation) located on the following millsite claims which are owned by WMMI: (Patent No. 04-88-0044 dated July 18, 1988, Survey No. 6921) The following patented millsite claims located within Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, and Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, SBB&M, Imperial County, California: The following unpatented millsite claims located within Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, and Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, SBB&M, Imperial County, California: Original Amended Name of Claim BLM Serial No. (CAMC) Book Pages Book Pages These xxxxx (known as the Vista Wellfield) provide the water used for WMMI’s mining and mineral processing operations. Drinking water for mine personnel is brought to the site by a commercial vendor. A water transmission pipeline and a related power line and access road which cross over federal land from the Vista Wellfield approximately 3 miles north to the mine property are authorized under the federal right-of-way (CACA-019129) listed above. WMMI has obtained authorization from Imperial County to operate the subject water xxxxx pursuant to a Conditional Use Permit (No. 98-0022(B)) dated December 5, 2003 (CUP). The CUP is recorded in Imperial County as Entry No. 2003-039727. The CUP authorizes the use of one or more water xxxxx for a period of 20 years to provide water for operation of the mine property and for operation of the adjacent sanitary landfill. Condition S-81 of the CUP limits the total aggregate extraction and consumption of water from the xxxxx for operation of the mine and landfill to 4,033 acre-feet per year. WMMI must file with Imperial County an annual report to identify the amount of water used from the xxxxx. The most recent such annual report shows the total amount of water use as 490 acre-feet, well below the allowable limit. Schedule 3 – Compliance Certificate To: the Agent Date: Dear Sirs
Groundwater Rights. The Parties agree that nothing in this Agreement represents or should be construed as the determination of any claim or assertion of a groundwater right; specifically, the Parties agree that the coordinated water budget information or data does not amount to an allocation, or otherwise represent a determination, validation, or denial of any claimed or asserted groundwater right.
Groundwater Rights. It is recognized that groundwater rights holders have valuable rights that must be protected. Groundwater rights holders must not have their rights threatened either by their participation in the Water Forum process or by the groundwater management arrangements called for in the Water Forum Agreement. Consistent with the Groundwater Management Element, nothing in this Agreement is intended to call for the reduction or diminution of any exercised or unexercised groundwater rights. Accordingly, the signatories agree that the vested groundwater rights of any person or entity regardless of whether those rights are currently exercised or unexercised. Signatories retain their ability to assert their groundwater rights by participating in the public process of creating rules, regulations, policies and procedures associated with the North Area Groundwater Management Authority and other groundwater management arrangements called for by the Water Forum Agreement.
