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evaporation losses, as determined by the Secretary in consultation <br />with the Lower Division States, provided that such losses shall not <br />exceed three percent (3%). Losses shall be applied annually to the <br />end-of--the-Year balance of Extraordinary Conservation ICS <br />beginning in the Year after the ICS is created and continuing until <br />no Extraordinary Conservation IC5 remains in Lake Mead. No <br />evaporation losses shall be assessed during a Year in which the <br />Secretary has declared a shortage. <br />6. Extraordinary Conservation ICS from a project within a state may <br />only be credited to the ICS Account of a Contractor within that <br />state that has funded or implemented the project creating the ICS, <br />or 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 />2.6 Request for Release of ICS <br />A Contractor that has created ICS may request that the Secretary release its ICS subject to the <br />following conditions: <br />A. If a Contractor has an overrun payback obligation, as described in the October <br />10, 2003 Inadvertent Overrun and Payback Policy or Exhibit C to the October <br />10, 2003 Colorado River `Dater Delivery Agreement, the Contractor must pay <br />the overrun payback obligation in full before requesting or receiving a release <br />of any ICS. The Contractor may request that the amount of ICS in the <br />Contractor's ICS Account be reduced by the amount of the overrun payback <br />obligation in order to pay the overrun payback obligation. <br />B. ICS shall only be released pursuant to an ICS Declaration. <br />C. In addition to the conditions described above, a Contractor's request for <br />release of Extraordinary Conservation ICS is subject to the following <br />conditions: <br />12 <br />