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<br />_,-,,-'.U U 1 ~ l/'j <br /> <br />i. The municipality must have the capabilities of measuring its <br />diversions and its return flows in a manner approved by the Wyoming State Engineer in <br />order to accurately measure the resulting depletions. If the return flows cannot be <br />measured in a manner acceptable to the Wyoming State Engineer, the entire amount <br />diverted will be considered a depletion and will be debited from the respective <br />municipalities' account. <br /> <br />ii. The municipality can not use water in its account to serve anyone <br />user that has a demand in excess of 100 acre feet per year. <br /> <br />ill. If the City of Casper contracts for water in the municipal account, <br />water in its portion of the account must be depleted before it can exercise its entitlements <br />in Seminoe Reservoir. This condition serves to alleviate project impacts on Seminoe <br />Reservo ir. <br /> <br />e. For a period of ten years from project completion as determined by the <br />Wyoming State Engineer or during the term of the first increment of the basin wide <br />recovery and implementation program, whichever is latest, the water in the municipal <br />account at the end of each water year will be loaned by the State of Wyoming, through <br />fonnal agreement and without cost, to the Bureau of Reclamation to release for the benefit <br />of the endangered species and the critical habitat in Central Nebraska. During this ten- <br />year period, municipal use would be restricted unless a contracting municipalities' use of <br />its surface or hydrologically connected ground water rights are curtailed due to <br />regulation. During this ten-year period, the Bureau will operate the muncipal account to <br />insure that there is an emergency supply of 1.000 acre feet available during October <br />through June and at least 5,000 acre feet of water available during July through September <br />for such restricted municipal use. <br /> <br />f. After the period of time described in e. above, the water in the municipal <br />account in excess of 10,000 acre feet at the end of each water year will be loaned by the <br />State of Wyoming, through fonnal agreement and without cost, to the Bureau of <br />Reclamation to release for the benefit of the endangered species and the critical habitat in <br />Central Nebraska with the restriction that the excess must be released in such a manner to <br />allow the murncipalaccount to accrue its full entitlement during the subsequent runoff <br />period in accordance with the restrictions of a. and b. above. <br /> <br />5. In order for the project to be implemented, a NEP A review must be completed, the <br />federal authorization of Pathfinder Reservoir must be amended to include municipal and <br />environmental purposes, the water right for Pathfinder Reservoir must undergo a change <br />of use under Wyoming water law to include municipal and environmental uses, and the <br />Wyoming Legislature must approve the export of water for downstream environmental <br />purposes. As long as the project is implemented in the manner outlined herein, the State <br />of Nebraska hereby stipulates that it will not hinder the progress of or object to the project <br />during these proceedings or any other proceeding necessary to implement the project, and <br />that it, in fact, will document its support for the project during the NEP A review and the <br />