Common use of REPAYMENT OF RIO XXXXXX OVER-DIVERSIONS Clause in Contracts

REPAYMENT OF RIO XXXXXX OVER-DIVERSIONS. The Water Rights Owning Parties support the Town’s repayment of its past Rio Xxxxxx over-diversions in accordance with the following plan: 6.2.4.4.1. The Town shall continue to make no groundwater diversions from its Xxxxxx Well (RG-40450/RG-7339S-5) until such time as the Rio Xxxxxx surface water depletions that resulted from its previous over-diversions from that well are repaid. 6.2.4.4.2. To expedite such repayment, the Town may transfer forty-two (42) AFY of the one hundred twenty-eight and fifteen hundredths (128.15) AFY of water rights transfers now pending before the State Engineer, as described in Article 6.2.3, to the Xxxxxx Well subject to an express condition that such transferred amount shall be used solely for accumulating surface water depletion credit on the Rio Xxxxxx and shall not be diverted from the Xxxxxx Well. 6.2.4.4.3. Once its Rio Xxxxxx over-diversions are repaid, the Town may apply for the appropriate State Engineer permit to transfer any existing excess Rio Xxxxxx water rights from the Xxxxxx Well and the In-Town Well Field to one or more of the xxxxx in the Future Water Supply Well Field or the Taos Regional Airport Well. Such transferred Rio Xxxxxx water rights shall serve to offset Rio Xxxxxx depletion effects that the Settlement Model shows as resulting from the Town’s Future Groundwater Diversions and shall be used in lieu of the use of the Mitigation Well System as otherwise would be required by Article 7.3.3.1.