Water Xxxxx. 17.01 Department must approve, in writing, any plan by Xxxxxx, including drilling specifications, for the drilling and development of water xxxxx on state lands.
Water Xxxxx. If present, Buyer understands and acknowledges that certain issues exist with respect to the quality of water supplied by the water well(s) and that the quality of water may change over time, even though the current water quality may require the installation of additional filtration systems at an additional cost to Buyer and subject to a Change Order. Buyer acknowledges that the quality of water is a latent condition. BUYER IS HEREBY ADVISED OF THE ISSUE(S) CONCERNING WATER QUALITY FROM WATER XXXXX AND ACKNOWLEDGES THAT BUILDER IS NOT PROVIDING ANY WARRANTY WITH RESPECT TO THE QUALITY OF WATER SUPPLIED BY ANY WATER WELL. ALL WARRANTIES, IMPLIED OR EXPRESS, ARE HEREBY WAIVED AND/OR DISCLAIMED BY BUYER, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF HABITABILITY, TO THE EXTENT APPLICABLE.
Water Xxxxx. For each and every well drilled on the Subject Lands by Grantee or its lessee, Grantee shall, or shall cause its lessee to, note in the drilling log all water-bearing strata and inform Grantor of the same. If any well is nonproductive of oil or gas, Grantee shall, or shall cause its lessee to, notify Grantor prior to plugging and abandonment of such well, and Grantor shall have the option to assume such well for the purpose of producing freshwater if, in Grantor’s opinion such well can safely be used as a fresh water well. Grantor will notify Grantee that Grantor wishes to take over the well for such purpose. If so notified, Grantee shall, or shall cause its lessee to, plug said well below the fresh water formation and transfer the well to Grantor. Upon the transfer of any such well to Grantor, Grantor shall assume all further plugging liability for such well.
Water Xxxxx. No private water xxxxx may be drilled or maintained on any Lot.
Water Xxxxx. Seller, at Seller’s sole cost and expense, shall have made all xxxxx on the Property drilled in 2014 and 2015 fully operational, and shall complete all well, pump and motor repairs and related work currently in progress for all xxxxx on the property, including without limitation (i) the replacement of two 15 hp motors on new xxxxx located in Block 10 with 30 hp motors, and (ii) upgrade (through the electric utility provider) of the electrical transformers, using reasonable diligence within sixty (60) days after the Close of Escrow, provided that those xxxxx, if any, identified in Schedule 12, shall be completed and operational prior to the Close of Escrow. Seller shall not be in violation of this covenant for any xxxxx which are not completed and operational in the timeframe set forth in this Section 12 if the delay is caused solely by the availability of a third party utility provider or contractor, and Seller shall have timely and properly submitted all requests for service and connection thereto. This covenant shall survive the Close of Escrow and remain an obligation of Seller until all such work is completed and paid for by Seller.
Water Xxxxx. Seller, at Seller’s sole cost and expense, shall have made all xxxxx on the Property drilled in 2014 and 2015 fully operational, and shall complete all well, pump and motor repairs currently in progress for all xxxxx on the property, including without limitation (i) the conversion of the diesel well in Block 52D to an electric pump and motor and connection to appropriate electric utility service and (ii) the connection of a new well in Block 51C to appropriate electric utility service, using reasonable diligence within sixty (60) days after the Close of Escrow (the “Well Projects”), provided that those xxxxx, if any, identified in Schedule 12, shall be completed and operational prior to the Close of Escrow. Seller shall not be in violation of this covenant for any xxxxx which are not completed and operational in the timeframe set forth in this Section 12 if the delay is caused solely by the availability of a third party utility provider or contractor, and Seller shall have timely and properly submitted all requests for service and connection thereto. This covenant shall survive the Close of Escrow and remain an obligation of Seller until all such work is completed and paid for by Seller. Escrow Holder is instructed to hold in Escrow at the Closing funds in the amount of Seventy Two Thousand Five Hundred Dollars ($72,500.00) (the “Holdback”), which funds are either deposited by Seller or would otherwise be due Seller at the Closing, at Seller’s election. Escrow Holder shall not release such funds to Seller unless and until Escrow Holder shall have received a notice from Purchaser that the Well Projects have been completed to Purchaser’s reasonable satisfaction, at which time the Holdback shall be released to Seller. In the event that Seller shall not have completed the Well Projects within one year of the Closing, Purchaser shall have the right, but not the obligation, to complete the Well Projects and be reimbursed from the Holdback for all costs to complete the Well Projects upon submission of documentation or invoices supporting the actual Well Projects’ costs and Escrow Holder shall then release to Seller the remaining Holdback funds, if any, at that time.
Water Xxxxx. The CONSULTANT shall identify and decommission all water xxxxx within the proposed right-of-way. The xxxxx shall be decommissioned in accordance with federal, state and local regulations and following guidelines as forth. (See Exhibit U).
Water Xxxxx. Backfill/Grading
Water Xxxxx. Subject to the terms of Section 6.16, no private water well may be drilled, installed or maintained on any of the Development for irrigation. The ARC may, however, authorize shallow xxxxx for closed-end, geo-thermal residential systems.
Water Xxxxx. No water well may be drilled by Lessee on the Leased Premises except with Surface Owner’s prior written consent. Any water well drilled by Lessee on the Leased Premises shall be drilled, cased and completed in compliance with all rules and regulations of state or local authorities applicable to the drilling and completion of water xxxxx to be used for livestock or domestic purposes. If Surface Owner consents to the drilling of a water well to supply Xxxxxx’s drilling or completion or hydraulic fracturing operations, Lessee agrees to pay Surface Owner for such water at the rate of $ per barrel used, and Xxxxxx agrees to install and properly calibrate and operate a meter to measure the water used. At Surface Owner’s election, any water well drilled by Lessee upon the Leased Premises shall become the property of Surface Owner upon termination of this Lease as to that portion of the Leased Premises upon which such water well is located, or sooner upon written request of Surface Owner, if in the judgment of Lessee such water well is no longer needed in connection with Lessee’s development operations on the Leased Premises. If Surface Owner so elects, the casing in any such water well or xxxxx shall not be removed by Lessee, and Surface Owner shall thenceforth assume all risk and obligations attendant to Surface Owner’s ownership and use of such water well or xxxxx. Surface Owner may use water from any water well drilled by Lessee at any time, as long as Surface Owner’s use does not interfere with Xxxxxx’s use of such well. Lessee may not use any fresh water from the Leased Premises for any waterflood or secondary recovery operations. If Surface Owner does not elect to assume ownership of such well, then Xxxxxx agrees to plug and abandon same in accordance with applicable laws and regulations.
