3. Water Budget and Water Rights
3.1 General. As a condition of water service, the Owner is responsible for assuring that
the Utility has sufficient water rights, either through a water rights transfer or payment of a fee in lieu
of providing water rights ("In-Lieu Fee"), to support the maximum water demand of the Development, plus 20%
for reserve and loss ("Water Budget"). The Water Budget for the Development approved under this Agreement
is 1.19 AFY, which the County will set aside for development pursuant to Resolution No. 2006-57.
The approved Water Budget for the Development may be increased for deliveries up to 5.95 acre-feet per year
at the Property subject to: (a) the Development's increased water use complies with Utility Policies and
applicable County ordinances and resolutions; (b) the Utility Director approves the increased maximum water
budget, in writing; and (c) the Owner and the County enter into an amendment of this Agreement under which
the Owner shall provide either water rights or pay an In-Lieu Fee, pursuant to Section 3.2, to support the
increased use. As used in this Section 3.0, "water rights" may include contractual rights conveying a
perpetual right to receive water.
3.2 Increase in Water Budget. The Owner may notify the Utility of any requested increase
in the Water Budget, as described above, by letter to the Utility Director and shall not be required to file
a renewal Application in order to seek such an increase to the Water Budget.
3.3 In-Lieu Fee. Owner shall pay or cause to be paid an In-Lieu Fee to cover the Water
Budget, as shown in Recital D and to this Agreement. Unless the Board changes the amount of the In-Lieu Fee
by adopting a generally applicable resolution or ordinance, the In-Lieu shall be calculated based on
$19,431.00 per AFY in accordance with Resolution 2018-12.
Campus Waterline Connection - November 11th, 2023 Completion Date:
* Excerpt from Utility Line Extension and Delivery Agreement No. 2022-0182-PW, Approved 10-11-22, by the
Santa Fe BCC