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Assure any Contractor that invests in conservation or augmentation to create <br />ICS that no Contractor within another state will claim the ICS created by the <br />Contractor. <br />C. Statement of Consistency with the Law of the River and Consequential Limitations on <br />ICS Guidelines <br />In Years in which the Secretary determines that sufficient Mainstream water is <br />available for release to satisfy annual consumptive use in the Lower Division States in <br />excess of 7,500,000 acre-feet, Article II(B)(2) of the Consolidated Decree authorizes <br />the Secretary to apportion surplus Mainstream water 50% for use in California, 46% <br />for use in Arizona, and 4% for use in Nevada. The Boulder Canyon Project Act and <br />Articles II(B)(2) and II(B)(6) of the Consolidated Decree, taken together, authorize the <br />Secretary to apportion surplus water and to release one Lower Division State's unused <br />apportionment for use in another Lower Division State. Pursuant to such authority and <br />for the purpose of increasing the efficiency, flexibility, and certainty of Colorado <br />River management and thereby helping satisfy the regional water demands that exist, <br />the Secretary has the authority to promulgate guidelines to establish a procedural <br />framework for facilitating the creation and release of ICS. <br />In the absence of forbearance, surplus water is apportioned for use according to the <br />percentages provided in Article II(B)(2) of the Consolidated Decree. The Forbearance <br />Agreement, as approved by the Parties, will provide the basis for such forbearance. <br />The Parties will forbear only with respect to ICS created by projects described in <br />exhibits attached to the Forbearance Agreement or added thereto by written consent of <br />all Parties. It is hereby recognized that the creation, release and use of ICS pursuant to <br />these Guidelines shall not be administered in such a way as to violate the Consolidated <br />Decree, including Articles II(B)(2) and II(B)(6) therein. These Guidelines regarding <br />ICS shall have no force or effect absent the existence and effectiveness of the <br />Forbearance Agreement. <br />D. Creation and Release of ICS <br />Extraordinary Conservation ICS <br />A Contractor may create Extraordinary Conservation IC5 through the <br />following activities: <br />a. Fallowing of land that currently is, historically was, and otherwise <br />would have been irrigated in the next Year. <br />b. Canal lining programs. <br />c. Desalination programs in which the desalinated water is used in lieu of <br />Mainstream water. <br />d. Extraordinary conservation programs that existed on January 1, 2006. <br />e. Extraordinary Conservation ICS demonstration programs pursuant to a <br />letter agreement entered into between the United States Bureau of <br />11 <br />