Competing Uses Clause Samples

Competing Uses. The Private Activities/Improvements and the Licensee’s activities within the City ROW shall not interfere with water facilities, sanitary or storm sewer facilities or other public use of the City ROW. Licensee’s Private Activities/Improvements shall be maintained and altered from time to time, if necessary, in the reasonable determination of the City, so as to avoid interference with other property, uses and improvements.

Competing Uses. The Private Activities/Improvements and the Licensee’s activities within the Licensed Premises shall not interfere with water facilities, sanitary or storm sewer facilities or other public use of the Licensed Premises. Licensee’s Private Activities/Improvements shall be maintained and altered from time to time, if necessary in the reasonable determination of the City, so as to avoid interference with other property, uses and improvements.

Competing Uses. 1. The Tribe shall be given a preference in approval of Work Plans involving withdrawal and use of the groundwater resources underlying Reservation and Tribal Trust lands. a. The Tribe shall be entitled to a preference when its proposed use conflicts with a proposed use by a non-Tribal user and the recognition of such preference is reasonably necessary to the accomplishment of the Tribe's lawful purposes. b. The Tribe shall be entitled to a preference to a reasonable share of available resources when its proposed use conflicts with a then pending application by a non-Tribal user to renew or increase its authorized use of water and the recognition of such preference is reasonably necessary to the accomplishment of the Tribe's lawful purposes. 2. The Tribe through its exercise of rights under this Compact, is afforded an opportunity to perfect its rights to water as though it had been an existing user and had elected to perfect its rights to water on or after March 2, 1974 (the date of implementation of Part II, Chapter 373, Florida Statutes). 3. If two (2) or more proposed uses which otherwise comply with the provisions of this part are pending for a quantity of water that is inadequate for both or all, such proposed competing uses must first satisfy the standard conditions for approval which apply to each applicant. The Board shall consider the reasonable beneficial uses for the water as well as the extent to which the proposed use is reasonably necessary for the Tribe to achieve its purposes. 4. No Tribal preference shall be asserted in a manner that will cause catastrophic changes to aquifer systems. No Tribal preference shall be asserted directly or indirectly for the purpose of exporting water for use offsite of Reservations and Tribal Trust lands. 5. Determination of any tribal claim that offsite activities or water consumption have caused water quality problems in aquifer systems underlying Reservation and Tribal Trust lands shall be made without regard to any preferred rights of the Tribe under this section.