SALE OF USE OF WATER ON THE XXXXX RANGE Sample Clauses

SALE OF USE OF WATER ON THE XXXXX RANGE. Subject to the provisions --------------------------------------- of this Agreement, Rangeview shall provide water service to all current and future Water Users needing water service on the Xxxxx Range and shall have the right to divert and use all Non-Export Water for such purpose. Reuse and successive use of Non-Export Water, if any, shall be done in a commercially reasonable manner consistent with prudent water provider practice in Colorado. At its option, and subject to the provisions of Article 9 below, Rangeview may enter into a Service Agreement contract to provide Non-Export Water to Water Users substantially in the form attached hereto as EXHIBIT B (the "Service Agreement"). To the extent that Non-Export Water is insufficient to provide water service to Water Users, Rangeview shall be obligated to locate additional sources of water for Water Users. Rangeview shall either acquire such additional water and provide service to Water Users at the rates and charges set forth in Section 8.2 or it shall notify the Land Board that it requires an increase in the rates and charges to cover the cost of acquiring the additional water, in which case the Land Board shall have the option of (i) permitting Rangeview to charge such increased rates or (ii) serving any Water Users requesting service after the Non-Export Water is committed. Rangeview agrees that if it acquires such additional water, it shall, consistent with prudent water provider practices in Colorado, use such water to provide water service to Water Users without additional cost to the Land Board. Any additional water shall not be subject to the terms of this Agreement except (i) to the extent that such additional water is stored in aquifers beneath the surface of the Xxxxx Range or in reservoirs on the surface of the Xxxxx Range, in which case, such water shall thereafter be subject to the royalty set forth in Section 7.4(b) and (ii) to the extent such additional water may remain subject to the rates and charges in Section 8.3 as described above. Such additional water shall not be used to determine when Section 7.3(b) of this Agreement becomes applicable and Section 7.3(b) shall not be applicable to such additional water unless Rangeview utilizes additional water to provide water service to Water Users when there is still sufficient Non-Export Water available on a commercially reasonable basis and in compliance with prudent water provider practice in Colorado to provide such service. If Rangeview d...
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