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deducted pursuant to Article 2.5(C) in the Year it was created will be converted to <br />Extraordinary Conservation ICS at the request of the Contractor and will be subject to all <br />provisions of this Forbearance Agreement applicable to Extraordinary Conscr~~ation ICS. <br />2.5 Creation of ICS <br />A Contractor may create ICS subject to the following conditions: <br />A. Pursuant to procedures set forth in the ROD, a Contractor shall submit a plan <br />for the creation of ICS to the Secretary and the Lower Division States <br />demonstrating how all requirements of this Forbearance Agreement will be <br />met in the Contractor's creation of ICS. System Efficiency ICS with an <br />approved multi-year plan shall not require annual approval by the Secretary or <br />consultation with the Lower Division States. Until such plan is reviewed and <br />approved by the Secretary annually in consultation with the Lower Division <br />States, such ICS plan, or any ICS purportedly created through it, cannot be a <br />basis for an ICS Declaration. A Contractor may modify its plan for creation of <br />ICS during any Year, subject to approval by the Secretary in consultation with <br />the Lower Division States. <br />B. Pursuant to procedures set forth in the ROD, a Contractor that creates ICS <br />shall submit a Certification Report to the Secretary demonstrating the amount <br />of ICS created and that its creation was consistent with this Forbearance <br />Agreement and the ROD. The Secretary shall verify the information in the <br />Certification Report in consultation with the Lower Division States, and <br />provide a final written decision to the Parties. Any Party may appeal the <br />Secretary's verification of the Certification Report through administrative and <br />judicial processes. <br />C. There shall be a one-time deduction of five percent (5%) from the amount of <br />ICS in the Year of its creation. This deduction results in additional water in <br />storage in Lake Mead for future use in accordance with the Consolidated <br />Decree, the Interim Surplus Guidelines, and the ROD. This provision shall <br />not apply to: <br />10 <br />