WATER ALLOCATION Clause Samples

WATER ALLOCATION. The portion of the System Capacity of the Regional Water System allotted to a Customer for the term of this Contract as initially specified at Exhibit “B” as increased from time to time pursuant to Section 11.

WATER ALLOCATION. The Agreement does not deal specifically with the distribution of water to the member states; this is to be regulated through more specific rules.160 Development of these rules (under Article 26 of the Agreement) is on MRC’s agenda as one of its top priorities.161 However, the basic principles to be applied in developing rules for water distribution are set forth in Article 5 of the Agreement.162 Therein is stated that water shall be utilised in a “reasonable and equitable manner”, “pursuant to all relevant factors and circumstances, the Rules for Water Utilisation and Inter-basin Division provided for in this article and in article 26”. This Article relates to the rules on Notification, Prior Consultation and Agreement and will be further discussed in relation to these rules. Article 6 addresses maintenance of flows on the mainstream. Riparian States are required to maintain natural dry season flows, and large enough wet season flows to protect the Cambodian Tonle Sap Lake. The aim is furthermore to prevent average daily peak flows greater than what naturally occur during the flood season.163 No figures are specified, the minimum amount of water each country must discharge downstream is presumably to be formulated by the MRC through the water quantity rules.164 In 1998, the MRC established the contribution of each country to the average river flow.165 The Basin Development Plan, mentioned in Article 3, is also meant to relate to water allocation.166

WATER ALLOCATION. The Member shall be entitled to draw up to 20,000 gallons per month at a flow rate that does not disrupt service to other Corporation Members. The Corporation shall determine the allocation of water to the Member in the event of a water shortage for any reason, and may shut off water to a Member who allows a connection or extension to be made to the Member’s service line for the purpose of supplying water to another user or location. In the event the water supply shall be insufficient to meet all of the needs of the Members, or in the event there is a shortage of water, the Corporation may prorate the water available among the various members on such basis as is deemed equitable by the Board of Directors, which shall have the exclusive right and authority to such allocation.

WATER ALLOCATION. A. Each Member must obtain and maintain an allocation of Lake Michigan water. B. The Commission may obtain and maintain a Water Allocation for sales Lake Michigan water at Retail to the extent such sales by the Commission are authorized pursuant to this Agreement or the Water Supply Agreement.

WATER ALLOCATION. A. Water allocation is limited on the Golf Course Property pursuant to a Water Use Registration (permit) issued by Department. The permit limits water usage to 3.1 million gallons a month. Accordingly, the Operator shall be limited to watering only the greens and tees, with minimal watering of fairways. B. Operator acknowledges and understands that the Golf Course Property is located in an area of the State that renders it unlikely to be eligible for a Water Allocation Permit, which would provide greater water usage to the Golf Course Property. The Operator may apply to Department for a Water Allocation Permit, but this Operating Agreement shall not be construed as approval for a Water Allocation Permit, nor shall it serve as a guarantee that such a permit will be granted. Operator shall bear the cost of all water permitting costs and fees. C. Operator shall pay all costs and fees associated with the Water Use Registration and shall submit all monitoring reports and documentation to Department as required under the Water Use Registration.

WATER ALLOCATION. As of the date hereof, S▇▇▇▇▇ has leased (a) from the Lessors, certain property adjoining the Property and (b) from L▇▇▇ ▇▇▇▇▇▇▇▇▇, R▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as executrix of the estate of F▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ (collectively, the "E▇▇▇▇▇▇▇▇ Lessors"), certain property as more particularly described in the Agreement Regarding Water of even date herewith, among the Echenique Lessors, S▇▇▇▇▇ and Canandaigua (collectively, the "S▇▇▇▇▇ Leased Properties"). In the event that water of sufficient quality and quantity is not available for the operation of the vineyards on the S▇▇▇▇▇ Leased Properties and the Property, S▇▇▇▇▇ and Canandaigua agree to apportion the water available to all such properties among such properties in proportion to the respective vineyard acres of each such property.

WATER ALLOCATION. As of the date hereof, ▇▇▇▇▇▇ has entered into a lease with the Lessor with respect to certain property adjoining the Property (the "▇▇▇▇▇▇ Property"). In the event that water of sufficient quality and quantity is not available for the operation of the vineyards on the ▇▇▇▇▇▇ Property and the Property, ▇▇▇▇▇▇ and Canandaigua agree to apportion the water available to all such properties among such properties in proportion to the respective vineyard acres of each such property; provided, however, that, in any such apportionment, Canandaigua shall be entitled to receive not less than forty percent (40%) of the available water.

WATER ALLOCATION. Buyer’s right to a domestic water allocation from Seller shall not exceed the quantity of one (1) acre foot per acre (or fraction thereof) of Real Property purchased by Buyer, which is useable only on the Real Property for development of the Facility. Said quantity of water is the total maximum amount of water from all sources, whether potable or nonpotable. After the Washoe County Utility Services Division has approved a quantity of water for Buyer’s use, based on Buyer’s improvement plans and approved by Seller, Buyer is entitled to no additional allocation of water controlled by Seller for future expansions or other uses on the Real Property.