Water Availability. Sufficient water is available and is projected to be available, from verifiable surface and ground water sources sufficient to conduct operations as described in the most recent financial plan submitted by the Company to Agent.
Water Availability. The Buyer shall have permission to enter the property for the purpose of drilling a well for water at Buyer’s expense provided that Buyer shall deposit as security in Seller’s attorney’s trust account an amount sufficient to cover the maximum expense of well drilling shown on a written estimate provided by Buyer’s well driller. If the water supply is unsatisfactory in the opinion of the Buyer, then the Buyer shall have the option of canceling this Contract by written notice to the Seller without further liability on the part of either party. Buyer shall make such determination within calendar days of acceptance. Buyer shall restore the ground to the same condition as found.
Water Availability. The Companies possess water rights that are expected to provide from verifiable surface and ground water sources sufficient water to conduct operations materially similar to prior years’ operations. Borrower and each applicable Subsidiary Guarantor has filed with all applicable Governmental Authorities, all notices and other documents required under federal, state and local laws and regulations in connection with the supply of water to and use of water upon the Mortgaged Real Property, except for such failures as do not and are not reasonably likely to have a Material Adverse Effect.
Water Availability. Water in the gardens is turned on by April 1 and shut-off by October 31.
Water Availability. The Transfer Agreement makes Water available for use by Landowner only under certain circumstances. Landowner has received a copy of the Transfer Agreement, and is familiar with its terms. District shall provide Landowner with advance notice when Water is available for diversion under the Transfer Agreement and this Agreement. Landowner acknowledges that it has no legal right to divert water from Xxxxxx Slough during the irrigation season without authorization by District. The Parties acknowledge that while the Property uses Water for municipal purposes as defined by the District’s governing legislation, even in years when Water is available in Xxxxxx Slough for diversion by Landowner, the Water available under this Agreement is available only during the irrigation season as determined annually by WID and the District (ordinarily March through October of each year).
Water Availability. 3.1 Beginning on January 1, 2006, and continuing through December 31, 2027, the Tribe shall supply and deliver, through its agent USBR pursuant to the Federal Contract, to the SJGS weir, sufficient water from the Navajo Reservoir Supply to allow PNM to divert and consume up to 16,200 acre-feet of water between January 1 and December 31 of each year. Provided, however, that in no calendar year will the Tribe, through its agent USBR, under this Agreement, release more than 16,200 acre-feet of water from Navajo Reservoir for all uses pursuant to this Agreement. Delivery of water to the SJGS weir shall be at such times as schxxxxed by PNM in coordination with the USBR, and PNM shall pay the Tribe for the water as provided in Article 5.
3.2 PNM shall have no holdover storage rights in Navajo Reservoir from year to year, and PNM hereby relinquishes claim to any annual water supply to which it is entitled hereunder, but has not utilized by December 31 of each year. Any water subject to delivery hereunder not called for by the end of each calendar year shall become integrated with the water supply for all purposes of the Navajo Reservoir at that time.
3.3 PNM may, in its sole discretion, determine the timing and manner in which water is diverted at the SJGS weir subject to an appropriate permit from the New Mexico State Engineer ("State Engineer") and compliance with any applicable laws and regulations.
Water Availability. The issue of yield of Xxx river at Greater Gangau dam site was discussed in the 18th Technical Advisory Committee meeting of NWDA held on
Water Availability. The Applicants have demonstrated that unappropriated water is available for diversion in the amounts claimed from the sources claimed.
Water Availability. The Master Developer controls property with the rights to approximately 1,080,310 gallons of water per day (“GPD”). This is determined through the “Three Party Agreement” between Plum Creek Land Company, Black Diamond Associates, Ltd., and Xxxxxx Coking Coal Company dated August 8, 2003. Any Implementing Project application process that calls for a certificate of water availability shall be satisfied by reference to this Agreement. Improvements necessary to provide water service to each Implementing Project must be provided by the Master Developer consistent with this Agreement. Connections are allowed up to the point of existing capacity as arranged for in the Water Supply and Facilities Funding Agreement dated August 11, 2003, as amended by the First Addendum dated July 22, 2004 (“WSFFA”). If there are insufficient facilities or capacity to serve some or all of a proposed Implementing Project, then the Designated Official may require the Master Developer to obtain such additional water supply capacity and/or design and construct new water mains, upgrades to existing mains, a reservoir, pressure reducing valves or such other facilities necessary to serve the Implementing Project.
