Common use of Use of Water Clause in Contracts

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement shall in all respects be subject to the terms and conditions of this contract.

Appears in 2 contracts

Samples: Water Supply Contract, Water Supply Contract

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Use of Water. (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the Systemsystem, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District.. 27 Amended: Amendment 25 (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement shall in all respects be subject to the terms and conditions of this contract. (d) 28 The State shall make no other contract to supply project water for use within the boundaries of the District without the consent of the District, and shall not authorize any other contractor to supply project water for use outside such other contractor’s boundaries and within the boundaries of the District without the consent of the District.

Appears in 2 contracts

Samples: Water Supply Contract, Water Supply Contract

Use of Water. (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The 32 Amended: Amendments No. 1 and 22 District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as was provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract. (d) The State shall make no other contract to supply water for use within the District’s boundaries without the consent of the Board of Supervisors of the District.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District.water (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement shall in all respects be subject to the terms and conditions of this contract. (d) The State shall make no other contract to supply project water for use within the boundaries of the District without the consent of the District, and shall not authorize any other contractor to supply project water for use outside such other contractor’s boundaries and within the boundaries of the District without the consent of the District.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement shall in all respects be subject to the terms and conditions of this contract.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of of‌ California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries.boundaries.‌ (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement shall in all respects be subject to the terms and conditions of this contract.contract.‌

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District (including annexations subsequent hereto) which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District (including annexations subsequent hereto) without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District of Zone Seven which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District of Zone Seven without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the Districtof Zone Seven. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District or the boundaries of Zone Seven which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries.boundaries of Zone Seven. 32 Amended: Amendments No. 1 and 18 (c) <Change in District Zone Seven Boundaries> In the event of annexation by the District to Zone Seven of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District to Zone Seven of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract. (d) <No Other Project Contract within Zone 7 Boundary> The State shall make no other contract to supply project water or Bureau water for use within the boundaries of Zone Seven without the consent of the Board of Directors of Zone Seven.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District of Zone Seven which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District of Zone Seven without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District.of Zone Seven.‌ (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District or the boundaries of Zone Seven which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries.boundaries of Zone Seven.‌ 32 Amended: Amendments No. 1 and 18 (c) <Change in District Zone Seven Boundaries> In the event of annexation by the District to Zone Seven of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District to Zone Seven of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract.contract.‌ (d) <No Other Project Contract within Zone 7 Boundary> The State shall make no other contract to supply project water or Bureau water for use within the boundaries of Zone Seven without the consent of the Board of Directors of Zone Seven.‌

Appears in 1 contract

Samples: Water Supply Contract

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Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the the‌ State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries.boundaries.‌ (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement shall in all respects be subject to the terms and conditions of this contract.contract.‌

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District (including annexations subsequent hereto) which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District (including annexations subsequent hereto) without the prior written consent of the State. The District shall notify the the‌ State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries.boundaries.‌ (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract.contract.‌

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the 32 Amended: Amendment 1 and 22 District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District (including annexations subsequent hereto) which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District (including annexations subsequent hereto) without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District. (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract. (d) The State shall make no other contract to supply water for use within the District’s boundaries without the consent of the Board of Directors of the District.

Appears in 1 contract

Samples: Water Supply Contract

Use of Water. ‌ (a) <State Approval of Sale of Water by District Outside Boundaries> No sale or other disposal of project water delivered to the District pursuant to this contract shall be made by the District for use of such water outside the District which would, in the judgment of the State, materially impair the District’s capacity to make payments to the State as provided for in this contract. Except insofar as such water is sold by the District to the United States, the State of California, or to purchasers for use within areas which are outside the areas proposed to be served by the State with water made available by the System, project water delivered to the District pursuant to this contract shall not be sold or otherwise disposed of by the District for use outside the District without the prior written consent of the State. The District shall notify the State as promptly as feasible of all sales or other disposals of project water made or proposed to be made by the District for use outside the District.District.‌ (b) <State Approval of Organization of District> While this contract is in effect, no change shall be made in the organization of the District which would materially impair the the‌ 32 Amended: Amendment 1 and 22 District’s capacity to make payments to the State as provided for herein. The District shall notify the State as promptly as feasible of any change or proposed change in the District’s boundaries. (c) <Change in District Boundaries> In the event of annexation by the District of territory lying within an area served or to be served by the State with project water pursuant to a contract between the State and another contractor, and subject to the consummation of appropriate agreements between the State, the District, and such other contractor, the District’s annual entitlements and maximum annual entitlement under this contract shall be increased by the amounts of the annual entitlements and maximum annual entitlement entitlement, respectively, contracted for by said contractor for use in said annexed territory. In the event of annexation by the District of territory lying within an area proposed to be served by the State with project water, but for which no contract has been executed by the State for service of project water for use in such annexed territory, the District’s annual entitlements and maximum annual entitlement under this contract, at the request of either the State or the District, shall be increased by the amounts of the prospective annual entitlements and maximum annual entitlement to project water entitlement, respectively, allocated or assigned by the State for use in said annexed territory. Upon any increase in the District’s annual entitlements and maximum annual entitlement pursuant to this subdivision, Table A included in Article 6(b6(c), and Article 7(b) shall be amended accordingly and the District shall become obligated and hereby agrees to pay to the State a proportionate share of the costs attributable to such increase in accordance with cost allocation principles and procedures set forth in this contract. The service of and payment for such increased annual entitlements and maximum annual entitlement entitlements shall in all respects be subject to the terms and conditions of this contract.contract.‌

Appears in 1 contract

Samples: Water Supply Contract

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