Common use of Water Quality Clause in Contracts

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operations, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused thereby. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of Lessee’s operation unless Lessee can prove otherwise, with Lessee having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information.

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any the supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part prior to and at the completion of operations and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operationsreduced, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused therebycondition. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of Lessee’s operation unless Lessee can prove otherwise, with Lessee having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information.

Water Quality. Lessee shall maintain the quality and quantity of Lessor’s water supply to be measured by testing any the supply within 1,500 feet of Lessee’s proposed well, pit, pond, roadway, pipeline, pumping or processing facilities, or other facilities installed by Lessee prior to and at the completion of drilling or other operations on the Leased Premises or on any land in the unit of which any of the Leased Premises is a part prior to and at the completion of operations and as deemed necessary by Lessor due to changes in flow (subject to natural seasonal variations) or quality, including but not limited to color, smell or taste. Should Lessor’s water supply be polluted or reduced as a result of Lessee’s operationsreduced, Lessee shall take any and all steps to restore water quality and quantity to its pre-existing condition or fully compensate Lessor for the damage and inconvenience caused therebycondition. During the period of remediation, Lessee shall supply Lessor with an adequate supply of potable water consistent with Lessor’s use of the damaged water supply prior to Lessee’s operation. Any pollution or reduction of any water supply after any operations commence will be presumed to be the result of LesseeXxxxxx’s operation unless Lessee can prove otherwise, with Lessee Xxxxxx having the burden of proof by a preponderance of the evidence. Until Lessee can prove otherwise as to cause, Lessee shall provide the required replacement supply, beginning immediately upon Lessor’s providing evidence to Lessee of the water quality and quantity condition causing concern. Testing of Lessor’s water supply shall be conducted by an independent testing laboratory approved in writing by Lessor qualified to test water for the entire array of chemicals and agents utilized by Lessee in its operations. Lessor’s approval shall not be unreasonably withheld, conditioned or delayed so long as the testing laboratory is so qualified, and is not an Affiliate as defined in Article III, Section (3)(c) of this Lease. The burden shall be upon Lessee to provide evidence of all such chemicals and agents in order for the testing agent to adequately test the water. Lessee shall pay all costs of testing. Lessor shall be provided complete copies of any and all testing results and data, and shall have full rights to contact the testing lab for inquiry and information. This lease contains a comprehensive testing requirement, and places the burden of proof on the Lessee to prove that the lease operations did not cause water contamination which first appears after drilling activities. This important provision is included because Lessors are often at a great disadvantage when their water is contaminated, and it is extremely expensive to hire experts to prove that the Lessee activities did cause contamination.