Water Rights Dedication. Annexor has requested that dedication of water rights be postponed until the earlier to occur of: (a) future subdivision of the Property; or (b) the Conceptual Plan for the Property is amended in accordance with the procedures set forth In Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC. Water dedication requirements for the Property shall be calculated in accordance with Sections 17-14-10 and 17-14-20 of the LMC (“Town Water Dedication Requirements”). The Annexor shall convey, transfer or assign to the Town, free and clear of all liens and encumbrances, units of Colorado-Big Xxxxxxxx water (C-BT Units) or other water acceptable to the Town per the LMC as required by the Town Water Dedication Requirements. The dedication requirements for the Property, upon any subdivision of the Property or future Site Plan submitted in accordance with Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC shall be determined by calculating the water use demands for such subdivision or development that is in strict accordance with the Town Water Dedication Requirements, as reviewed and approved by the Town Engineer and Town Administrator. In lieu of the C-BT Units or other water acceptable to the Town per the LMC required in this Paragraph, at the sole and absolute discretion of the Board of Trustees, the Annexor may be required to pay cash-in-lieu at the current rate established by the Town at the time the C-BT Units or other water acceptable to the Town per LMC requirements would otherwise be due. In addition to Town Water Dedication Requirements, the Annexor shall, as a condition of the Town's approval of any Event plan for any Major Event or Minor Event, as those terms are defined in the Amendable Letter of Understanding attached hereto as Exhibit C, provide the Town with details related to the source and amount of water sufficient to control dust during events, parking, and the restoration of the Property after the conclusion of any Major Event or Minor Event. in order to encourage vegetative re-establishment following camping, parking and other allowed uses of the Property.
Water Rights Dedication. Owner owns the water rights and lateral ditch company rights appurtenant to the Property that are described on Exhibit B attached hereto and incorporated herein by reference. Owner shall dedicate all such water rights and lateral ditch company rights to the Town no later than the date of approval of the final plat of the first phase of development of the Property. Owner specifically agrees that it has not sold or transferred any water rights appurtenant to the Property within the past year nor will it do so during the pendency of this annexation petition and, once annexed to the Town, will not sell or transfer any water rights appurtenant to the Property without the prior written approval of the Town.
Water Rights Dedication. The annexation of Brown Ranch shall be exempt from the requirements of Sec. 25-77 (Water Rights Dedication Policy) of the Municipal Code.
Water Rights Dedication. Water rights required for development shall be calculated and owed as specified in Title 19 of the Loveland Municipal Code. At the time water rights are applied to satisfy water rights requirements, the Loveland Municipal Code then in effect shall apply. The Loveland Utilities Commission has the sole discretion to accept or reject the particular water rights proposed to transfer to the City.
Water Rights Dedication. Based on the consent of Xxxxxxx, as evidenced by Exhibit B, attached hereto and incorporated herein by reference, the Town agrees that the required 0.70 acre-feet of raw water credit for the Project will be allocated from the water stock contained in the Caliber Water Bank.
Water Rights Dedication. Based on the consent of Xxxxxxx, as evidenced by Exhibit B, attached hereto and incorporated herein by reference, the Town agrees that the required
Water Rights Dedication. Owner owns the water rights and lateral ditch company rights appurtenant to the Property that are more particularly described and defined on Exhibit B attached hereto and incorporated herein by reference, and collectively referred to as “Water Rights” including:
Water Rights Dedication. The Developer shall deed to the Town water rights (or pay the cash in lieu of the water rights dedication fees) as required under Minturn Municipal Code Section 13-2-20, et. seq, as it may be amended. For this purpose, prior to the recording of the Final Plat for each Phase, the Developer shall pay the fee then in effect all SFEs associated with every unit within that Phase for which potable water service is to be provided by the Town. For Phase I, there will be units totaling 70 SFEs. Therefore, at the current rate, Developer shall pay $ in water rights dedication fees ($) X 70_ SFEs) prior to the recording of the Final Subdivision Plat for Phase I. Additional cash-in- lieu of water rights dedication fees shall be due in the amount then in effect: (a) at the time of recording the Final Subdivision Plat for Phase II and (b) at the time of building permit for any proposed uses over PUD determined pre-paid one (1) SFE per platted single family residential lot. At the time of recording the Final Subdivision Plat for Phase I, Developer shallconvey by special warranty deed all of Developer’s interest in the water rights in the Xxxxx Creek Pipe Line Ditch (Priority Nos. 1a, 3a, and 8a) and the Minturn Pumping Plant (Priority No. 10a). If there are additional SFEs associated with development or use of any of the lots or Property, payment shall be due at the time of building permit for such lot which raise the total SFE above the PUD approved reserved amount. above- referenced calculations. The water rights dedication fee per SFE to be paid will be the fee then in effect. Further, the Developer agrees to be bound by any ordinance or resolution of general applicability that modifies these fees.
Water Rights Dedication. Owner owns one (1) share in the Consolidated Hillsborough Ditch Company, evidenced by Certificate No. 957 (“Water Share”). Owner shall dedicate the Water Share to the Town within one hundred twenty (120) days following the mutual execution of this Agreement, unless the Town provides written consent to an extension of time to dedicate such Water Share. Owner may continue to use the Water Share on the Property for agricultural uses. Owner shall not, unless otherwise subsequently agreed in writing, be entitled to use the Water Share for development purposes nor shall Owner be entitled to use the Water Share for any purpose outside the boundaries of the Town, unless the Town provides written consent to such use. Owner agrees that it has not sold or transferred any water rights appurtenant to the Property within the past year nor will it do so during the pendency of this annexation proceeding and, once annexed to the Town, will not sell or transfer any water rights without the prior written approval of the Town.
Water Rights Dedication. I-25 Gateway Center, LLC has dedicated to the Project 1.62 acre-feet of its existing raw water credit, as shown in Exhibit B.
