Common use of Surface Water Clause in Contracts

Surface Water. University Lands’ express written consent is required prior to Developer using any surface Water found on the Subject Lands or any property owned or controlled by University Lands or any Water from Water ▇▇▇▇▇ or stock tanks controlled by University Lands or its surface tenants. In the event Water for Completion Operations is imported by Developer or its Representatives from fee lands outside of University Lands’ boundaries, Developer shall be responsible for payment of a tariff the greater of (i) ten ($.10) cents per barrel and (ii) the amount set forth in the Rate and Damage Schedule (as may be updated from time to time). Further, if produced Water (including but not limited to flowback Water, formation water, or brine) is transported by Developer or its Representatives off the Subject Lands for disposal on fee lands, Developer shall be responsible for payment of a tariff the greater of (a) ten ($.10) cents per barrel and (b) the amount set forth in the Rate and Damage Schedule (as may be updated from time to time). Operator shall meter all Water imported and exported pursuant to this Agreement and report monthly to University Lands or upon written request.