Common use of REPLACEMENT PRODUCTION CAPACITY Clause in Contracts

REPLACEMENT PRODUCTION CAPACITY. The Town’s existing In-Town Well Field has potential capacity to produce two thousand six hundred (2,600) GPM for a continuous 96-hour period. The Town has agreed to limit production from its existing In-Town Well Field to one thousand one hundred (1,100) AFY (equivalent to 1,100 GPM sixty (60) percent of the time) for the benefit of the Buffalo Pasture. The Water Rights Owning Parties agree that the Town may replace its production capacity of one thousand five hundred (1,500) GPM with the Future Water Supply Well Field and the Taos Regional Airport Well. If the Future Water Supply Well Field and the Taos Regional Airport Well do not produce at least one thousand five hundred (1,500) GPM, combined for a continuous 96-hour period, the Water Rights Owning Parties agree to assist the Town in obtaining additional funding outside of this Settlement Agreement to provide replacement capacity. Nothing in this Article is intended to affect the Town’s water rights or constitute a waiver not expressly stated in Article 6.5.1.