Common use of New Jersey Clause in Contracts

New Jersey. In accordance with Section V of the Decree, except with respect to limitations provided herein, the State of New Jersey may divert outside the Delaware River watershed, from the Delaware River or its tributaries in New Jersey, without compensating releases, the equivalent of 100 mgd under the supervision of the Delaware River Master (River Master) established by the Decree and shall be subject to the following conditions and obligations: i. Until the State of New Jersey builds and utilizes one or more reservoirs to store waters of the Delaware River or its tributaries for the purpose of diverting the same to another watershed, or purchases or leases reallocated water or new storage from an existing or new storage facility, the State of New Jersey may divert not to exceed 100 mgd as a monthly average, with the diversion on any day not to exceed 120 million gallons. ii. If and when the State of New Jersey has built and is utilizing one or more reservoirs to store waters of the Delaware River or its tributaries for the purpose of diversion to another watershed, it may withdraw water from the Delaware River or its tributaries into such impounding reservoirs without limitation except during the months of July, August, September and October of any year, when not more than 100 mgd as a monthly average and not more than 120 million gallons in any day shall be withdrawn. This restriction may be modified upon unanimous consent of the Decree Parties should the State of New Jersey purchase or lease reallocated water or new storage from an existing or new facility. iii. Regardless of whether the State of New Jersey builds and utilizes storage reservoirs for diversion, its total diversion for use outside of the Delaware River watershed without compensating releases shall not exceed an average of 100 mgd during any calendar year.