Priority Date/Administrative Priority Sample Clauses
The Priority Date/Administrative Priority clause establishes the order in which rights, claims, or applications are recognized or processed, typically based on the date of filing or submission. In practice, this means that if multiple parties submit similar requests or claims, the one with the earliest priority date is given precedence in administrative or legal proceedings. This clause is essential for resolving conflicts over competing interests by providing a clear, objective method for determining which party's rights take precedence, thereby ensuring fairness and predictability in the administration of rights or benefits.
Priority Date/Administrative Priority a. For purposes of this Compact, the priority date of the water rights set forth in Section D.1.a. of this Article III is October 17, 1855.
b. The priority date of the water rights set forth in Section D.1.b. of this Article III for stock impoundments shall be the date of development of the right.
Priority Date/Administrative Priority a. For purposes of this Compact, the priority date of the water rights set forth in Sections B.1.a. and d. of this Article III is October 17, 1855. For the purposes of providing a more reliable water right and simplification of administration, the Parties agree that this senior water right shall be satisfied in the following manner:
(1) Subject to the terms of Section B.2.a.(2) of this Article III, the Seniority of the Water Rights Set Forth in Sections B.1.a. and d. of this Article III Shall Not be Asserted Over non-irrigation water rights Arising Under State Law upstream from the Reservation in the Peoples Creek Basin with a priority date before the Effective Date of the Compact, and irrigation water rights set forth in Appendix 3, provided that water rights numbers W017296, W166075, and C016704 are not protected by this agreement. The Tribes may assert the senior priority of water rights and storage that have been actually developed over water rights Arising Under State Law that are developed after the Effective Date of this Compact, and over any water rights Arising Under State Law not set forth in Appendix 3.
(2) The agreement set forth in Section B.2.a.(1) of this Article III is not effective until completion of construction of a reservoir or reservoirs of a minimum capacity of 3000 AF on the Reservation in upper Peoples Creek for use by the Tribes. Prior to construction of the reservoir, the Tribes may only assert the senior priority of water rights actually developed.
b. The priority date of the water right set forth in Section B.1.b. of this Article III shall be as set forth in Section E.2.b. of this Article III.
c. The priority date of the water rights set forth in Section B.1.c. of this Article III for stock impoundments shall be the date of development of the right.
Priority Date/Administrative Priority a. For purposes of this Compact only, the priority date of the water rights set forth in Sections A.1.a., b., and d. of this Article III is October 17, 1855. The Parties agree that the senior water right quantified in Section A.1.a. of this Article III, shall be satisfied in the following manner:
(1) In the event that the water available for use by the Tribes at the diversion point on
(2) of Article IV, the Tribes shall seek delivery of the difference between what they are entitled to and what is available solely from release or bypass of water from or through Fresno Dam by the Milk River Project. The Milk River Project shall, pursuant to Section E. of Article IV and applicable federal law, release or bypass the additional water necessary to fulfill the water right of the Tribes.
Priority Date/Administrative Priority. The priority date of the water rights set forth in Section G.3.a. of this Article III shall be the date of development of the right.
Priority Date/Administrative Priority a. The priority date of the water rights set forth in Section E.1.a. of this Article III is:
(1) July 24, 1893 for the water right set forth in Section E.1.a.(1) of this Article III.
(2) The date of development for the 18 acres set forth in Section E.1.a.(2) of this Article III.
b. The priority date of the water right set forth in Section E.1.b. of this Article III is January 1, 1935.
c. The priority dates of the water rights set forth in Section E.1.c. of this Article III are the date on which the water was developed for stock and domestic purposes. The priority date of these rights is subject to the reporting requirements of Section A.7. of Article IV.
d. The priority date of the water rights set forth in Sections E.1.d., and e. of this Article III shall be as provided by State law.