Common use of Capacity Constraints Clause in Contracts

Capacity Constraints. A. In the event there is an insufficient District water supply, or the capacities of the District’s delivery system to deliver water to all participating lands in the Landowner Banking Program is insufficient, determination of which Banking Facilities the District shall use will be based on various factors, including but not limited to percolation efficiency, evaporation rates, water quality, recharge capacities, operational issues, and any other factor deemed appropriate by the District. B. In the event that multiple Landowners request to use the District’s Recharge Facilities and such Banking Facility capacities are limited, available capacities beyond the District’s own use will be apportioned by the District among the number of participating Landowners that desire to bank water, depending upon timing, quantity, and quality of supplies, and any other factor deemed appropriate by the District.