WATER ALLOCATION Clause Samples

The Water Allocation clause defines how water resources are distributed among parties involved in an agreement, such as landowners, tenants, or neighboring properties. It typically specifies the quantity, timing, and method of water delivery, and may address priorities during shortages or droughts. This clause ensures that all parties have a clear understanding of their water rights and obligations, reducing the risk of disputes and promoting fair and efficient use of water resources.
WATER ALLOCATION. A. Water allocation is regulated on the Golf Course Property pursuant to a Water Allocation Permit (#2186P) issued by Department, Bureau of Water Allocation. The permit allows for water diversion from the following sources: 1. Groundwater: Well Permit No. 4800045: 700gpm 2. Surface Water: Pond: 500gpm The total diversion from the above sources shall not exceed 10 million gallons per month at a maximum rate of 500gpm and the total diversion from the above sources shall not exceed 30 million gallons per year. Operator of the Golf Course Property shall be responsible for following specific and general conditions required for the operation of the Water Allocation Permit. The permit has an expiration date of June 30, 2013. B. Operator shall pay all costs and fees associated with the Water Allocation Permit and permit renewal and shall submit all monitoring reports and documentation to DEP as may be required under the permit. C. The Operator will be required to have all flow meters calibrated before April 1, 2012 and supply the Department with the results. Thereafter, the flow meters will are required to be calibrated every five (5) years.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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Related to WATER ALLOCATION

  • Tax Allocation Prior to the Closing, Seller and Purchaser shall cooperate in good faith to determine a reasonable allocation of the total consideration paid for the Transferred Assets, as finally determined pursuant to Section 2.1(d), Section 2.1(i) and Section 3.3, in accordance with Section 1060 of the Code and the Treasury Regulations promulgated thereunder (the “Purchase Price Allocation”). Seller and Purchaser shall cooperate in good faith to mutually agree to such allocation and shall reduce such agreement to writing, which agreement shall be reflected in an Exhibit 2.1(j) to be approved by Seller and Purchaser prior to Closing. Seller and Purchaser shall jointly and properly execute each party’s respective completed Internal Revenue Service Form 8594, and any other forms or statements required by the Code (or state or local Tax law), Treasury Regulations or the Internal Revenue Service or other Governmental Authority (together with any and all attachments required to be filed therewith), which forms and statements will be prepared in a manner consistent with the Purchase Price Allocation. Seller and Purchaser shall file timely such forms and statements with the Internal Revenue Service or other Governmental Authority. The Purchase Price Allocation shall be appropriately adjusted to take into account any subsequent payments under this Agreement and any other subsequent events required to be taken into account under Section 1060 of the Code. Seller and Purchaser shall not file any Tax Return or other documents or otherwise take any position with respect to Taxes that is inconsistent with the Purchase Price Allocation; provided, however, that neither Seller nor Purchaser shall be obligated to litigate any challenge to such allocation by any Governmental Authority. Seller and Purchaser shall promptly inform one another of any challenge by any Governmental Authority to any allocation made pursuant to this Section 2.1(j) and agree to consult with and keep one another informed with respect to the state of, and any discussion, proposal or submission with respect to, such challenge.

  • Cost Allocation Cost allocation of Generator Interconnection Related Upgrades shall be in accordance with Schedule 11 of Section II of the Tariff.

  • Capital Accounts Allocations There shall be established in respect of each Holder a separate capital account in the books and records of the Up-MACRO Holding Trust in respect of the Holder's Capital Contributions to the Up-MACRO Holding Trust (each, a "Capital Account"), to which the following provisions shall apply: (a) The Capital Account of each Holder initially shall be equal to the cash contributed in exchange for its Up-MACRO Holding Shares (each, a "Capital Contribution") and, at the end of each day shall be: (i) increased by (A) an amount equal to any amounts paid with respect to Up-MACRO Holding Shares issued as part of a Paired Issuance by such Holder during such day; and (B) such Holder's interest in the Net Profit (and items thereof) of the Up-MACRO Holding Trust during such day as allocated under Section 7.2(b); and (ii) decreased by (A) any distributions made in cash by the Up-MACRO Holding Trust to such Holder on such day; (B) the fair market value of any property other than cash distributed by the Up-MACRO Holding Trust to such Holder on such day; and (C) such Holder's interest in the Net Loss (and items thereof) of the Up-MACRO Holding Trust for such day as allocated under Section 7.2(b). (b) Except pursuant to the Regulatory Allocations set forth in Section 7.3, or as otherwise provided in this Trust Agreement, Net Profit and Net Loss (and items of each) of the Up-MACRO Holding Trust shall be provisionally allocated as of the end of each day among the Holders in a manner such that the Capital Account of each Holder immediately after giving effect to such allocation, is, as nearly as possible, equal (proportionately) to the amount equal to the distributions that would be made to such Holder during such fiscal year pursuant to Article 5 if (i) the Up-MACRO Holding Trust were dissolved and terminated; (ii) its affairs were wound up and each Trust Asset was sold for cash equal to its book value; (iii) all Up-MACRO Holding Trust liabilities were satisfied (limited with respect to each nonrecourse liability to the book value of the assets securing such liability); and (iv) the net assets of the Up-MACRO Holding Trust were distributed in accordance with Article 5 to the Holders immediately after giving effect to such allocation. The Depositor may, in its discretion, make such other assumptions (whether or not consistent with the above assumptions) as it deems necessary or appropriate in order to effectuate the intended economic arrangement of the Holders. Except as otherwise provided elsewhere in this Trust Agreement, if upon the dissolution and termination of the Up-MACRO Holding Trust pursuant to Section 14.1 and after all other allocations provided for in this Section 7.2 have been tentatively made as if this Section 7.2(b) were not in this Trust Agreement, a distribution to the Holders under Section 14.1 would be different from a distribution to the Holders under Article 5 then Net Profit (and items thereof) and Net Loss (and items thereof) for the fiscal year in which the Up-MACRO Holding Trust dissolves and terminates pursuant to Section 14.1 shall be allocated among the Holders in a manner such that the Capital Account of each Holder, immediately after giving effect to such allocation, is, as nearly as possible, equal (proportionately) to the amount of the distribution that would be made to such Holder during such last fiscal year pursuant to Article 5. The Depositor may, in its discretion, apply the principles of this Section 7.2(b) to any fiscal year preceding the fiscal year in which the Up-MACRO Holding Trust dissolves and terminates (including through application of Section 761(e) of the Code) if delaying application of the principles of this Section 7.2(b) would likely result in distributions under Section 14.1 that are materially different from distributions under Article 5 in the fiscal year in which the Up-MACRO Holding Trust dissolves and terminates. (c) Before any distribution of property (other than cash) from the Up-MACRO Holding Trust to a Holder (including without limitation, any non-cash asset which shall be deemed distributed immediately prior to the dissolution and winding up of the Up-MACRO Holding Trust), the Capital Accounts of all Holders of the Up-MACRO Holding Trust shall be adjusted and, upon the occurrence of one or more of the other events described in Section 1.704-1(b)(2)(iv)(f) of the Regulations, may be adjusted to reflect the manner in which any unrealized income, gain, loss or deduction inherent in such property (that has not been previously reflected in the Holders' Capital Accounts) would be allocated among the Holders if there were a taxable disposition of such property by the Up-MACRO Holding Trust on the date of distribution, in accordance with Sections 1.704-1(b)(2)(iv)(f) and (g) of the Regulations. (d) In determining the amount of any liability for purposes of this Section 7.2, there shall be taken into account Section 752 of the Code and any other applicable provisions of the Code and any Regulations promulgated thereunder. (e) Notwithstanding any other provision of this Trust Agreement to the contrary, the provisions of this Section 7.2 regarding the maintenance of Capital Accounts shall be construed so as to comply with the provisions of the Code and any Regulations thereunder. The Depositor in its sole and absolute discretion and whose determination shall be binding on the Holders is hereby authorized to interpret and to modify the foregoing provisions to the extent necessary to comply with the Code and Regulations.

  • Tax Allocations Each item of income, gain, loss or deduction recognized by the Company shall be allocated among the Members for U.S. federal, state and local income tax purposes in the same manner that each such item is allocated to the Member’s Capital Accounts pursuant to Section 3.2(d) or as otherwise provided herein, provided that the Board may adjust such allocations as long as such adjusted allocations have substantial economic effect or are in accordance with the interests of the Members in the Company, in each case within the meaning of the Code and the Treasury Regulations. Tax credits and tax credit recapture shall be allocated in accordance with the Members’ interests in the Company as provided in Treasury Regulations section 1.704-1(b)(4)(ii). Items of Company taxable income, gain, loss and deduction with respect to any property (other than cash) contributed to the capital of the Company or revalued shall, solely for tax purposes, be allocated among the Members, as determined by the Board in accordance with Section 704(c) of the Code, so as to take account of any variation between the adjusted basis of such property to the Company for U.S. federal income tax purposes and its fair market value at the time of contribution or revaluation, as the case may be. All of the Members agree that the Board is authorized to select the method or convention, or to treat an item as an extraordinary item, in relation to any variation of any Member’s interest in the Company described in section 1.706-4 of the Treasury Regulations in determining the Members’ distributive shares of Company items. All matters concerning allocations for U.S. federal, state and local and non-U.S. income tax purposes, including accounting procedures, not expressly provided for by the terms of this Agreement shall be determined by the Board in its sole discretion. Each Class B Ordinary Share is intended to be treated as a profits interest for U.S. federal income tax purposes, and all of the Members agree to report consistently with, and to take any action requested by the Board to ensure, such treatment.

  • Risk Allocation The Product is Regulatorily Continuing.