Common use of WATER RIGHTS ACQUISITION Clause in Contracts

WATER RIGHTS ACQUISITION. Subject to the dollar limit in Article 10.1.2.2, the State shall provide funds to EPWSD as necessary for: (a) acquisition of up to one hundred (100) AFY of consumptive use water rights from the Rio Grande or its tributaries, exclusive of water rights acquired with money appropriated by the 2005 New Mexico Legislature; (b) all administrative, technical, and legal costs and fees associated with such acquisition, inclusive of such costs and fees for water rights acquired with money appropriated by the 2005 New Mexico Legislature; (c) all administrative, technical, and legal costs and fees associated with transferring those water rights; and (d) all necessary permits. The one hundred (100) AFY of consumptive use water rights may be acquired and transferred in one or multiple transactions. EPWSD intends to acquire these water rights on the Rio Grande and will acquire such water rights on the tributaries only if the Mitigation Well System described at Article 7.3.3.1 does not adequately mitigate EPWSD’s tributary impacts.