Groundwater Rights Sample Clauses

Groundwater Rights. It is recognized that groundwater rights holders have valuable rights that must be protected. Groundwater rights holders must not have their rights threatened either by their participation in the Water Forum process or by the groundwater management arrangements called for in the Water Forum Agreement. Consistent with the Groundwater Management Element, nothing in this Agreement is intended to call for the reduction or diminution of any exercised or unexercised groundwater rights. Accordingly, the signatories agree that the Water Forum Agreement shall not impair the vested groundwater rights of any person or entity regardless of whether those rights are currently exercised or unexercised. Signatories retain their ability to assert their groundwater rights by participating in the public process of creating rules, regulations, policies and procedures associated with the Sacramento North Area Groundwater Management Authority and other groundwater management arrangements called for by the Water Forum Agreement.
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Groundwater Rights. Under California law, ordinary groundwater usage is not regulated by the State Water Resources Control Board the way surface water rights are. Rather, percolating groundwater is unregulated by the state and is available to any overlying land user who can recover it. Landowners overlying percolating groundwater may use it on an equal and correlative basis. All property owners above a common aquifer possess a shared right to reasonable use of the groundwater aquifer. Western Mesquite Mines, Inc. (WMMI) has constructed three groundwater xxxxx (two of which are currently in operation) located on the following millsite claims which are owned by WMMI: Patented Millsite Claims (Patent No. 04-88-0044 dated July 18, 1988, Survey No. 6921) The following patented millsite claims located within Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, and Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, SBB&M, Imperial County, California: MILS 261 MILS 262 MILS 265 MILS 267 MILS 269 Unpatented Millsite Claims The following unpatented millsite claims located within Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, and Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 19 East, SBB&M, Imperial County, California: Notice of Location and Last Amended Notice of Location Recorded in Official Records of Imperial County, California Original Amended Name of Claim BLM Serial No. (CAMC) Book Pages Book Pages MILS 260 171264 1549 1113 MILS 263 171267 1549 1116 MILS 264 171268 1549 1117 MILS 266 171270 1549 1119 MILS 268 171272 1549 1121 MILS 270 171274 1549 1123 These xxxxx (known as the Vista Wellfield) provide the water used for WMMI’s mining and mineral processing operations. Drinking water for mine personnel is brought to the site by a commercial vendor. A water transmission pipeline and a related power line and access road which cross over federal land from the Vista Wellfield approximately 3 miles north to the mine property are authorized under the federal right-of-way (CACA-019129) listed above. WMMI has obtained authorization from Imperial County to operate the subject water xxxxx pursuant to a Conditional Use Permit (No. 98-0022(B)) dated December 5, 2003 (CUP). The CUP is recorded in Imperial County as Entry No. 2003-039727. The CUP authorizes the use of one or more water xxxxx for a period of 20 years to provide water for operation of the mine property and for operation of the adjacent sanitary landfill. Condition S-81 of the CUP limits the total aggregate extraction and consumption of water from the xx...
Groundwater Rights. The Parties agree that nothing in this Agreement represents or should be construed as the determination of any claim or assertion of a groundwater right; specifically, the Parties agree that the coordinated water budget information or data does not amount to an allocation, or otherwise represent a determination, validation, or denial of any claimed or asserted groundwater right.

Related to Groundwater Rights

  • Water Rights Water rights and/or water shares used in connection with the Property;

  • Underground Tanks If underground or other storage tanks storing Hazardous Materials located on the Premises or the Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor, operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.

  • Underground Storage Tanks In accordance with the requirements of Section 3(g) of the D.C. Underground Storage Tank Management Act of 1990, as amended by the District of Columbia Underground Storage Tank Management Act of 1990 Amendment Act of 1992 (D.C. Code § 8-113.01, et seq.) (collectively, the “UST Act”) and the applicable D.C. Underground Storage Tank Regulations, 20 DCMR Chapter 56 (the “UST Regulations”), District hereby informs the Developer that it has no knowledge of the existence or removal during its ownership of the Property of any “underground storage tanks” (as defined in the UST Act). Information pertaining to underground storage tanks and underground storage tank removals of which the D.C. Government has received notification is on file with the District Department of the Environment, Underground Storage Tank Branch, 00 X Xxxxxx, X.X., Xxxxx Xxxxx, Xxxxxxxxxx, X.X., 00000, telephone (000) 000-0000. District’s knowledge for purposes of this Section shall mean and be limited to the actual knowledge of Xxxxxx Xxxxx, Property Acquisition and Disposition Division of the Department of Housing and Community Development, telephone no. (000) 000-0000. The foregoing is set forth pursuant to requirements contained in the UST Act and UST Regulations and does not constitute a representation or warranty by District.

  • Land The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);

  • Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.

  • No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or

  • Title to Properties; Licenses Each Restricted Person has good and defensible title to or valid leasehold interests in all of its material properties and assets, free and clear of all Liens other than Permitted Liens and of all impediments to the use of such properties and assets in such Restricted Person’s business. Each Restricted Person possesses all licenses, permits, franchises, patents, copyrights, trademarks and trade names, and other intellectual property (or otherwise possesses the right to use such intellectual property without violation of the rights of any other Person) which are necessary to carry out its business as presently conducted and as presently proposed to be conducted hereafter, and no Restricted Person is in violation in any material respect of the terms under which it possesses such intellectual property or the right to use such intellectual property unless, in each case, such failure to possess or violation has not had, and could not reasonably be expected to have, a Material Adverse Effect.

  • Use of Hazardous Materials Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Buildings. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Buildings, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Buildings and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Buildings to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

  • Rights-of-Way Each of the MarkWest Entities has such consents, easements, rights-of-way, permits or licenses (collectively, “rights-of-way”) from each person as are necessary to conduct its business in the manner described, and subject to the limitations contained, in the Pricing Disclosure Package and the Prospectus, except for (i) qualifications, reservations and encumbrances that would not have a Material Adverse Effect and (ii) such rights-of-way that, if not obtained, would not have, individually or in the aggregate, a Material Adverse Effect; other than as set forth, and subject to the limitations contained, in the Pricing Disclosure Package and the Prospectus, each of the MarkWest Entities has fulfilled and performed all its material obligations with respect to such rights-of-way and no event has occurred that allows, or after notice or lapse of time would allow, revocation or termination thereof or would result in any impairment of the rights of the holder of any such rights-of-way, except for such revocations, terminations and impairments that would not have a Material Adverse Effect; and, except as described in the Pricing Disclosure Package and the Prospectus, none of such rights-of-way contains any restriction that is materially burdensome to the MarkWest Entities, taken as a whole.

  • Compliance with Environmental Requirements; No Hazardous Materials Except in each case as set forth on Schedule 3.18:

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