Common use of Water Quality Clause in Contracts

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operations, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused thereby. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of Lessee’s operation unless Lessee can prove otherwise, with Lessee having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information.

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any the supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part prior to and at the completion of operations and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operationsreduced, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused therebycondition. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of LesseeXxxxxx’s operation unless Lessee can prove otherwise, with Lessee Xxxxxx having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information. This lease contains a comprehensive testing requirement, and places the burden of proof on the Lessee to prove that the lease operations did not cause water contamination which first appears after drilling activities. This important provision is included because Lessors are often at a great disadvantage when their water is contaminated, and it is extremely expensive to hire experts to prove that the Lessee activities did cause contamination.

Water Quality. Lessee (A) The Agency shall maintain use all reasonable efforts to ensure that all water delivered by the Agency from the Purification Plant into the distribution pipelines described in Exhibit C hereof shall meet all applicable federal, State of California and Xxxx County minimum drinking water quality requirements. (B) In the future, the Purveyor may use the distribution pipelines to deliver water from its xxxxx, as well as for delivering water from the Purification Plant. Any request by the Purveyor for the use of the distribution pipelines for conveyance of water, other than that originating from the Xxxxx X. Xxxxxxx Water Purification Plant, shall be made by providing written notice ninety (90) days prior to the requested date of use, provided that such notice period may be shortened upon a finding of an emergency by the Agency. The Agency reserves the right to approve or deny any request received, provided that all costs and risks associated with, or arising from, the delivery of such water shall be borne by Purveyor in accord with a supplementary written agreement between Agency and Purveyor. (C) When the Purveyor puts water from any source other than the Xxxxx X. Xxxxxxx Water Purification Plant in the distribution pipelines, the Agency will be absolved of responsibility for the quality and quantity of Lessor’s any water supply delivered to be measured by the Purveyor after it leaves the Purification Plant, unless the liability results from the quality of water leaving the Purification Plant failing to meet federal, State of California or Xxxx County minimum drinking water quality requirements. The burden of proof that such water fails to meet such requirements shall rest with Purveyor, provided that Agency shall permit all reasonable testing any supply within 1,500 feet and review of Lessee’s proposed well, pit, pond, roadway, the Agency's records reasonably necessary to meet such burden of proof. When the Purveyor ceases to put water from another source in the distribution pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on Agency will resume responsibility for the Leased Premises or on any land in the unit of which any of the Leased Premises is a part and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operations, Lessee shall take any and all steps to restore water quality and quantity of water delivered to its prethe Purveyor through the Agency's distribution pipelines when and if the conditions set forth in subdivisions (1) and (2) are met: (1) Purveyor advances sufficient funds to the Agency to cover the cost of inspection and testing, and (2) such inspection and testing shows to the satisfaction of the Agency that other waters are either no longer co-existing condition mingled in the distribution pipelines with the water supply from the Purification Plant or fully compensate Lessor if co-mingled, the combined waters meet all applicable requirements. (D) Such assumption of responsibility shall become effective only if and when the Agency notifies the Purveyor in writing that the results of such inspection and testing demonstrate to the satisfaction of the Agency that all applicable water quality requirements have been met. (E) During any period(s) between the time the Purveyor commences to introduce water into the distribution pipelines and the time the Agency resumes responsibility for the damage and inconvenience caused thereby. During quality of water in those pipelines, neither the period Agency nor its officers, agents, or employees shall be liable for the impacts from the introduction of remediationsuch water by Purveyor on the quality or quantity of water supplied to the Purveyor through the distribution pipelines, Lessee shall supply Lessor with an adequate supply nor for claim of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction damages of any nature whatsoever arising out of or connected in any way with the quality or quantity of such water supply after introduced by the Purveyor or the impacts thereof, and the Purveyor shall indemnify and hold harmless the Agency, its officers, agents, and employees from any operations commence will be presumed to be such damages or claims of damages. The foregoing shall not limit the result Agency's liability under paragraph (C) of Lessee’s operation unless Lessee can prove otherwise, with Lessee having the this Article 14. The burden of proof that such Agency water fails to meet such requirements shall rest with Purveyor, provided that Agency shall cooperate to permit all testing and review of Agency records reasonably necessary to meet such burden of proof. If Agency voluntarily permits other Customers to introduce water into a pipeline serving Purveyor after the execution of this Agreement, Agency will require such Customer to accept responsibility for any loss resulting thereby, and obtain a commitment to hold the Agency, Improvement District No. 4, and Purveyor harmless from any loss thereby. (F) Existing agreements, attached as Exhibit G and incorporated herein by a preponderance reference, with North of the evidence. Until Lessee can prove otherwise as to cause, Lessee River and California Water Service Co. and East Niles Community Services District for introduction of water into the North and East Pipelines shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved remain in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualifiedeffect, and the term of each is not an Affiliate as defined in Article III, Section (3)(c) amended to be consistent with the term of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and informationAgreement.

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any the supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part prior to and at the completion of operations and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operationsreduced, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused therebycondition. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of Lessee’s operation unless Lessee can prove otherwise, with Lessee having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information.

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any the supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part prior to and at the completion of operations and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operationsreduced, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused therebycondition. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of LesseeXxxxxx’s operation unless Lessee can prove otherwise, with Lessee Xxxxxx having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor Xxxxxx qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information. This lease contains a comprehensive testing requirement, and places the burden of proof on the Lessee to prove that the lease operations did not cause water contamination which first appears after drilling activities. This important provision is included because Lessors are often at a great disadvantage when their water is contaminated, and it is extremely expensive to hire experts to prove that the Lessee activities did cause contamination.