|
VIII. Injunction.
On and after the date hereof, each of the parties hereto, their successors and assigns, and each of their agents, employees, attorneys, and any and all persons acting by, through, or under them or any of them, are and each of them is hereby perpetually enjoined and restrained from pumping or otherwise extracting from the Basin any water in excess of said party's Adjudicated Rights, except as provided in Paragraphs V, VI, and VII hereof.
IX. Order of Pumping Credit.
Production of water from the Basin for the use or benefit of the parties hereto shall be credited to each such party in the following order:
- Exchange Pool production (Paragraph VI).
- Leased or licensed production (Paragraph IV).
- Normal carry-over (Paragraph V, 1).
- Adjudicated Right (Paragraph III).
- Drought carry-over (Paragraph V, 3).
- Emergency Production under Agreement with Replenishment District (Paragraph VII).
X. Loss of Decreed Rights.
It is in the best interests of the parties herein and the reasonable beneficial use of the Basin and its water supply that no party be encouraged to take and use more water than is actually required.
Failure to produce all of the water to which a party is entitled hereunder shall not, in and of itself, be deemed or constitute an abandonment of such party's right in whole or in part.
No taking of water under Paragraphs III, V, VI and VII hereof, by any party to this action shall constitute a taking adverse to any other party; nor shall any party to this action have the right to plead the statute of limitations or an estoppel against any other party by reason of his said extracting of water from the Basin pursuant to a request for the release of water; nor shall such release of water to the Exchange Pool by any party constitute a forfeiture or abandonment by such party of any part of his Adjudicated Right to water; nor shall such release in anywise constitute a waiver of such right although such water, when released under the terms of this Judgment may be devoted to a public use; nor shall such release of water by any such party in anywise obligate any party so releasing to continue to release or furnish water to any other party or his successor in interest, or to the public generally, or to any party thereof, otherwise than as provided herein.
XI. Watermaster Appointment.
The Watermaster shall be the Department of Water Resources of the Resources Agency of the State of California, to serve at the pleasure of the Court, and said Watermaster shall administer and enforce the provisions of this Judgment and the instructions and subsequent orders of this Court, and shall have the powers and duties hereinafter set forth.
If any such provisions, instructions or orders of the Court shall have been disobeyed or disregarded, said Watermaster is hereby empowered and directed to report to the Court such fact and the circumstances connected therewith and leading thereto.
|