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<br />. <br /> <br />. <br /> <br />upon the average beneficial consumptive use for the previous 5 years. <br />Average beneficial consumptive use shall be determined by the Regional <br />Director, utilizing input from the parties to the transfer and State <br />authorities, and the decision of the Regional Director shall be final. <br />The transferee must meet the test of beneficial use as outlined in <br />S 415.6. <br /> <br />(3) Mitiaation or eomDensation for third-Darty imD&cts. <br />Transfers will not be approved unless the acquiring entity (transferee) <br />commits in writing to mitigate or compensate for third-party impacts of <br />such transfers to the satisfaction of the Regional Director and impacted <br />third parties, including, but not limited to, the county of origin of <br />the water user offering the transfer. <br /> <br />(4) Manaaement of idled lands due to transfer. In regard <br />to transfers involving water currently used for agricultural production, <br />the Regional Director shall require appropriate contractual commitments <br />which provide for the permanent management of idled lands for purposes <br />including, but not limited to, vegetative management, dust abatement, <br />erosion control, and fire protection. Such commitments may include: <br /> <br />(i) Direct management by the parties to the transfer <br />at their expense, with oversight by the Regional Director; or <br /> <br />(ii) Establishment of a non-revocable interest- <br />bearing escrow account which will provide sufficient annual revenues for <br />the Regional Director to manage the idled lands on a permanent basis. <br /> <br />S 415.9 <br /> <br />Exchanae or temcorarv sale of water. <br /> <br />(a) General. A Lower Basin States water user may request the <br /> <br />24 <br />