Common use of Interim Watermaster Clause in Contracts

Interim Watermaster. No later than February 15, 2020, the Parties shall establish an interim Watermaster pending entry of the Judgment. The interim Watermaster will be constituted and operate pursuant to the terms of Section IV.B of the Judgment except that, for purposes of selecting the interim Watermaster representatives and alternates for the recreational sector and agricultural sector, respectively, subsection (1) of the definitions of GC Owners and AG Parties in Exhibit “7” to the Judgment shall be restricted to Parties to this Agreement. The Parties agree to fund the interim Watermaster budget attached hereto as Exhibit E in accordance with Section 4.4, below in two equal payments; the first half to be paid in November 2020 within ten (10) days after of receipt of an invoice from the interim Watermaster, and the second half to be paid within 30 days after Court issuance of the preliminary injunction discussed in Section 2.2 above or March 1, 2021, whichever date occurs first. The interim Watermaster will have the power to enforce the terms of this Agreement and the Judgment as against the Parties and all other Persons that are a party to the Adjudication Action to the greatest extent allowed by law and to the extent authorized by the Court. Until a final judgment is entered by the Court in this action and all appeals are complete, the interim Watermaster shall assume all responsibility for the sustainable management of the Basin as set forth in the attached Judgment, including without limitation enforcement of rampdown, issuing annual reports, collecting assessments, issuing status and eligibility letters, contracting for technical work, and following its rules, among other items. During this time, the GSA will be dormant, and thus the GSA will not perform any groundwater management actions or assess any fees or assessments. In the event that any matter develops in advance of the entry of the final Judgment by the Court that threatens to cause a material and imminent adverse impact to the Basin, or threatens to adversely affect implementation of this Agreement or the proposed Judgment, the Parties agree to promptly file a motion with the Court to obtain an order and instruction from the Court to address and remedy the adverse development. Within 60 days of entry of the Judgment, BWD will withdraw as the GSA by notice to the Department in accordance with Water Code section 10723.8.

Interim Watermaster. No later than February 15, 2020, the Parties shall establish an interim Watermaster pending entry of the Judgment. The interim Watermaster will be constituted and operate pursuant to the terms of Section IV.B of the Judgment except that, for purposes of selecting the interim Watermaster representatives and alternates for the recreational sector and agricultural sector, respectively, subsection (1) of the definitions of GC Owners and AG Parties in Exhibit “7” to the Judgment shall be restricted to Parties to this Agreement. The Parties agree to fund the interim Watermaster budget attached hereto as Exhibit E in accordance with Section 4.4, below in two equal payments; the first half to be paid in November 2020 within ten (10) days after of receipt of an invoice from the interim Watermaster, and the second half to be paid within 30 days after Court issuance of the preliminary injunction discussed in Section 2.2 above above, and the second half to be paid by September 1, 2020 or March 1, 2021, whichever date occurs first. The interim Watermaster will have the power to enforce the terms of this Agreement and the Judgment as against the Parties and all other Persons that are a party to the Adjudication Action to the greatest extent allowed by law and to the extent authorized by the Court. Until a final judgment is entered by the Court in this action and all appeals are complete, the interim Watermaster shall assume all responsibility for the sustainable management of the Basin as set forth in the attached Judgment, including without limitation enforcement of rampdown, issuing annual reports, collecting assessments, issuing status and eligibility letters, contracting for technical work, and following its rules, among other items. During this time, the GSA will be dormant, and thus the GSA will not perform any groundwater management actions or assess any fees or assessments. In the event that any matter develops in advance of the entry of the final Judgment by the Court that threatens to cause a material and imminent adverse impact to the Basin, or threatens to adversely affect implementation of this Agreement or the proposed Judgment, the Parties agree to promptly file a motion with the Court to obtain an order and instruction from the Court to address and remedy the adverse development. Within 60 days of entry of the Judgment, BWD will withdraw as the GSA by notice to the Department in accordance with Water Code section 10723.8.