Right to Artificially Recharge Sample Clauses

Right to Artificially Recharge. 10 6.3 Water Available to Export. . . . . . . . . . . . . . . 13 6.4 Sale of Use of Water on the Xxxxx Range. . . . .
Sample 1
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Right to Artificially Recharge. (a) Rangeview's Right to Recharge. Rangeview, the Service -------------------------------- Provider (but only as to the provision of water to Water Users pursuant to the Service Agreement) and the Export Water Purchaser shall have the right to artificially recharge and to store the recharged water in the aquifers from which such Water Rights are withdrawn (but only to the extent all or some of the Water Rights have been withdrawn from the aquifers by the recharging party) and to withdraw such artificially recharged and stored water. Rangeview, the Service Provider, and the Export Water Purchaser shall also have the right, to the extent Water Rights have been withdrawn from the aquifers by the recharging party, to store additionally acquired water in reservoirs on the surface of the Xxxxx Range in a commercially reasonable manner consistent with prudent water provider practice in Colorado and subject to the requirements set forth herein. (i) The amount of recharged water stored in the aquifers and on the surface in reservoirs combined cannot exceed the amount of Water Rights withdrawn by the recharging entity from the aquifers. (ii) If Rangeview, the Service Provider, or the Export Water Purchaser desires to construct a surface reservoir, such entity must notify the other entities of such intention and give them the opportunity to participate in the project. Any such reservoir must be compatible with the existing and reasonably projected development of the surrounding land. The Land Board shall have the right to veto the construction of any surface reservoir if it reasonably determines that the reservoir would adversely impact either (i) the provision of service to Water Users, or (ii) the value of the Land Board's land within the Xxxxx Range, based on then known facts and reasonable projections regarding future needs of Water Users and future development of the Xxxxx Range. Any disputes over whether the reservoir will be compatible with the development of the surrounding land or whether the reservoir would adversely impact the provision of service to Water Users or the value of the Land Board's land shall be resolved by arbitration pursuant to Section 15.16 of this Agreement. The burden of proof in such arbitration shall be on the entity desiring to construct the reservoir. If a reservoir is constructed, the entity or entities constructing such reservoir shall permit reasonable access to the reservoir, if requested by surrounding land owners, municipalitie...
Sample 1
Right to Artificially Recharge 
Sample 1

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