Common use of REPLACEMENT PRODUCTION CAPACITY Clause in Contracts

REPLACEMENT PRODUCTION CAPACITY. EPWSD’s existing xxxxx have the potential capacity to produce one thousand eight hundred (1,800) GPM for a continuous ninety-six (96) hour period. Because EPWSD has agreed to limit production from its existing xxxxx to the average annual equivalent of two hundred twenty-five (225) GPM for the benefit of the Buffalo Pasture, EPWSD is seeking replacement capacity of one thousand five hundred seventy- five (1,575) GPM with the Rio Grande and Midway Xxxxx. If the Rio Grande and Midway Xxxxx do not produce at least one thousand five hundred seventy- five (1,575) GPM combined for a continuous ninety-six (96) hour period, the Water Rights Owning Parties agree to assist EPWSD in obtaining additional funding outside of this Settlement Agreement to provide replacement capacity. Nothing in this Article is intended to affect EPWSD’s water rights or constitute a waiver not expressly stated in Article 6.5.1.