Common use of MIDWAY WELL Clause in Contracts

MIDWAY WELL. To provide groundwater production capacity necessary to satisfy EPWSD’s growing municipal, commercial, industrial, domestic, and mitigation obligations in a manner that will minimize effects on the Buffalo Pasture and to provide alternative production capacity in light of the groundwater production limits imposed on the El Torreon, Las Colonias, and Sheepskin Xxxxx, EPWSD shall file an application with the State Engineer to divert and consume groundwater from a new well (“Midway Well”) located farther away from the Buffalo Pasture than EPWSD’s existing xxxxx and one and one-half (1½) miles west of the existing Las Colonias Well. Specifically the Midway Well will be within the model cells identified by row and column as cells (24,21), (24,22), (25,21), (25,22), and (25,23)in Attachment 10. The planning, permitting, NEPA compliance, design, and construction of the Midway Well will include the well (pumping from layers 5, 6, or below), pump, pump appurtenances, water lines, booster pumps and appropriate housing, lift stations, arsenic treatment facilities (where necessary), storage facilities, primary electrical lines, the purchase of land, and any other equipment and appurtenances required for arsenic treatment and water distribution from the Midway Well to connect to EPWSD’s municipal distribution system. While the Water Rights Owning Parties have agreed to certain waivers of protests as described in Article 6.5.1, this Settlement Agreement does not impose any diversion or consumptive use limitations on the Midway Well. Because the Midway Well has not yet been drilled and its production capabilities are unknown, EPWSD may apply to the State Engineer for a permit to drill replacement or supplemental xxxxx within a one (1) mile radius of the Midway Well if the Midway Well does not produce at least five hundred seventy-five (575) GPM for a continuous ninety-six (96) hour period to replace a portion of EPWSD’s production capacity limited by this Settlement Agreement. Under no circumstances will the Midway Well, its replacement well, or xxxxx supplemental thereto be located within one and one-half (1½) miles of EPWSD’s existing Las Colonias Well or within one-half (½) mile of the Town’s Airport Well.