Common use of Excess Water Clause in Contracts

Excess Water. The Tribe shall, as part of the Tribal Water Right, have the first right to use excess water, as defined in this Compact; provided, that total use of the Tongue River Tribal Water Right shall not exceed 32,500 acre-feet per year diverted from direct flow, storage, and exchange water. Tribal nonuse of excess water in any one year shall not affect the right of the Tribe to use excess water in any subsequent year.

Appears in 3 contracts

Sources: Northern Cheyenne Tribe Water Rights Compact, Water Rights Compact, Water Rights Compact