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annually to the end-of--the-Year balance of Extraordinary <br />Conservation ICS beginning in the Year after the ICS is created <br />and continuing until no Extraordinary Conservation ICS <br />remains in Lake Mead. No evaporation losses shall be assessed <br />during a Year in which the Secretary has declared a shortage. <br />(6) Extraordinary Conservation ICS from a project within a state <br />may be credited to the ICS Account of a Contractor within that <br />state that has funded or implemented the project creating ICS, or <br />to the ICS Account of a Contractor within the same state as the <br />funding entity and project and with written agreement of the <br />funding entity. <br />(7) A Contractor must notify Reclamation by September 15 of the <br />amount of Extraordinary Conservation ICS it wishes to create <br />for the subsequent Year. If conditions during the Year change <br />due to weather or other unforeseen circumstances, a Contractor <br />may request amid-Year modification of its water order to <br />reduce the amount of ICS created during that Year. A <br />Contractor cannot increase the amount of ICS it had previously <br />scheduled to create during the Year. <br />6. Release of ICS <br />The release of ICS shall be pursuant to the tei7ns of a Delivery Agreement <br />entered into among the Secretary, the Parties to the Forbearance Agreement <br />and any Contractor creating ICS. The Secretary shall not release ICS to a <br />Contractor unless that Contractor is a party to a Delivery Agreement. A <br />Contractor that has created ICS may request release of its ICS as is provided <br />within such Delivery Agreement and subject to the following conditions: <br />a. ICS shall be released pursuant to an ICS Declaration. <br />b. If a Contractor has an overrun payback obligation, as described in the <br />October 10, 2003 Inadvertent Overrun and Payback Policy or Exhibit C <br />to the October 10, 2003 Colorado River Water Delivery Agreement, the <br />Contractor must pay the overrun payback obligation in full before <br />requesting or receiving a release of any ICS. The Contractor's ICS <br />account shall be reduced by the amount of the overrun payback <br />obligation in order to pay the overrun payback obligation. <br />c. If more ICS is released to a Contractor than is actually available for <br />release to the Contractor in that Year, then the excess ICS released shall <br />be treated as an inadvertent overrun until it is fully repaid. <br />d. A Contractor may reduce its request for release of ICS during the Year <br />for any reason, including reduction in water demands. A Contractor <br />may increase its request for release of ICS during the Year only if <br />extraordinary weather conditions or water emergencies occur. <br />15 <br />