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XII. Watermaster - Powers and Duties.
In order to assist the Court in the administration and enforcement of the provisions of this Judgment and to keep the Court fully advised in the premises, the Watermaster shall have the following duties in addition to those provided for elsewhere herein:
- Parties to Measure and Record Static Water Level of Each Well. The Watermaster may require each party, at such party's own expense, to measure and record not more often than once a month, the elevation of the static water level in such of his wells in the Basin as are specified by the Watermaster.
- Parties to Install Meters on Wells and Record Production Therefrom. The Watermaster may require any party hereto owning any facilities for pumping or otherwise extracting water from the Basin, at such party's own expense, to install and at all times maintain in good working order, mechanical measuring devices, approved by the Watermaster, and keep records of water production, as required by the Watermaster, through the use of such devices.
However, if in the opinion of the Watermaster such mechanical devices are not practicable or feasible, the Watermaster may require such party to submit estimates of his water production, together with such information and data as is used by such party in making such estimate.
Upon the failure of any party to install such device or devices on or before the date the Watermaster shall fix for such installation, or to provide the Watermaster with estimates of water production and information on which such estimates are based, the Watermaster may give the Court and the party notice of such failure for proper action in the premises.
- Watermaster to Assemble Records and Data and Evaluate Same. The Watermaster shall collect and assemble the records and other data required of the parties hereto, and evaluate such records and other data.
Such records and other data shall be open to inspection by any party hereto or his representative during normal business hours.
- Watermaster's Annual Budget. The Watermaster shall prepare a tentative budget for each water year, stating the estimated expense for administering the provisions of this Judgment.
The Watermaster shall mail a copy of said tentative budget to the designee of each of the parties hereto having an Adjudicated Right, at least sixty (60) days before the beginning of each water year.
If any such party has any objection to said tentative budget or any suggestions with respect thereto, he shall present the same in writing to the Watermaster within fifteen (15) days after service of said tentative budget upon him.
If no objections are received, the tentative budget shall become the final budget. If objections to said tentative budget are received, the Watermaster shall, within then (10) days thereafter, consider such objections, prepare a final budget, and mail a copy thereof to each such party's designee, together with a statement of the amount assessed to each such party, computed as provided in subparagraph 5 of this Paragraph XII.
Any such party whose objections to said tentative budget are denied in whole or in part by the Watermaster may, within fifteen (15) days after the service of the final budget upon him, make written objection thereto by filing his objection with the Court after first mailing a copy of such objection to each party's designee, and shall bring such objection on for hearing before the Court at such time as the Court may direct.
If objection to such budget be filed with the Court as herein provided, then the said budget and any and all assessments made as herein provided may be adjusted by the Court following said hearing.
- Watermaster's Fees as Parties' Costs. The fees compensation or other expenses of the Watermaster hereunder shall be borne by the parties hereto having Adjudicated Rights in the proportion that each such party's Adjudicated Right bears to the total Adjudicated Rights of all such parties, and the Court or Watermaster shall assess such costs to each such party accordingly.
Payment thereof, whether or not subject to adjustment by the Court as provided in this Paragraph XII, shall be made by each such party, on or prior to the beginning of the water year to which said final budget and statement of assessed costs is applicable.
If such payment by any party is not made on or before said date, the Watermaster shall add a penalty of 5% thereof to such party's statement.
Payment required of any party hereunder may be enforced by execution issued out of the Court, or as may be provided by any order hereinafter made by the Court, or by other proceedings by the Watermaster or by any party hereto on the Watermaster's behalf.
All such payments and penalties received by the Watermaster shall be expended by him for the administration of this Judgment.
Any money remaining at the end of any water year shall be available for such use in the following water year.
- Watermaster's Annual Report. The Watermaster shall prepare an annual report within ninety (90) days after the end of each water year covering the work of the Watermaster during the preceding water year and a statement of his receipts and expenditures.
- Watermaster Report to Contain All Basin Production. The Watermaster shall report separately, in said annual report, all water extractions in the Basin, including that by producers who have no "Adjudicated Right."
- Watermaster Rules and Regulations. The Watermaster may prescribe such reasonable Rules and Regulations as will assist him in the performance of his duties hereunder.
- Other Watermaster Duties. The Watermaster shall perform such other duties as directed by the Court and as may be otherwise provided by law.
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