Owner’s Water Sources. Operator shall not without Owner’s prior written consent use any water from existing wxxxx, reservoirs and springs on the Lands. Operator shall not disturb, interfere with, fill, or block any creek, reservoir, spring or other source of water on the Lands.
Owner’s Water Sources. Lessee shall not use any water from existing water xxxxx, reservoirs and springs on the Fee Lands, unless Owner has consented to such use. In the event that Lessee desires to purchase water to use in operations on the Fee Lands, Lessee shall give Owner the right of first refusal provide such water, at competitive rates in the area, from Owner’s existing water xxxxx, reservoir and springs on the Fee Lands. Lessee shall not disturb, interfere with, fill, or block any irrigation ditches or laterals, creek, reservoir, spring or other source of water on the Fee Lands. Prior to conducting any exploration drilling, Lessee at its sole cost and expense, will measure the static water levels of the xxxxx located on the Fee Lands and Federal Grazing Lands and will test the xxxxx for any hazardous chemicals and/or elements associated with past exploration. Within 30 days of execution of this Agreement, Owner will provide Lessee with a list and location of the xxxxx located on the Fee Lands and Federal Grazing Lands. Before conducting any mining operations, Lessee, at its sole cost and expense, will measure the static water level and productive capacity of the xxxxx located on the Fee Lands and any xxxxx owned by Owner within one half mile of any uranium mine or mill site created by Lessee and will test the xxxxx for any hazardous chemicals and/or elements associated with uranium mining. Lessee shall also establish a continuing water well monitoring program to identify changes in the quality of Owner’s water xxxxx. The monitoring program shall include, at a minimum, water quality tests on each water well immediately after initial production, within the first 30 days after initial production, 3 months after initial production, 6 months after initial production, and annually thereafter. Lessee shall promptly provide Owner with copies of all test results showing water quality and the levels of the above described hazardous chemicals and elements relative to three categories – the level that federal regulations declare as the safe drinking water levels or livestock use, the level prior to any uranium mining, and the current level. If the chemical levels in any water well experiences an increase of ten percent (10%) or more above its initial level, quarterly monitoring shall become mandatory for such well, until such time as the well returns to its normal seasonal level, or the reason for such increase is determined. If any change results in a well not meeting standards such...
