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Interim Guidelines for the <br />Operation of Lake Powell <br />and Lake Mead <br />ICS. The Contractor's ICS Account shall be reduced by the amount of the <br />overrun payback obligation in order to pay the overrun payback obligation. <br />8. If more IC5 is delivered to a Contractor than is actually available for delivery to <br />the Contractor in that Year, then the excess ICS delivered shall be treated as an <br />inadvertent overrun until it is fully repaid. <br />9. A Contractor may request mid-Year modification(s) to increase or reduce the <br />amount of ICS to be delivered during that Year because of changed conditions, <br />emergency, or- hardship, subject to the requirements of this Section 3.C. <br />10. The Contractor shall agree in the Delivery Agreement that the records of the <br />Contractor relating to the creation of ICS shall be open to inspection by the <br />Secretary and by any Contractor or Basin State. <br />D. Accounting for ICS <br />The Secretary shall develop procedures to account for and verify, on an annual basis, <br />ICS creation and delivery. At a minimum such procedures shall include the following: <br />A Contractor shall submit for the Secretary's review and verification, <br />appropriate information, as determined by the Secretary, contained in a <br />Certification Report, to demonstrate the amount of ICS created and that the <br />method of creation was consistent with the Contractor's approved ICS plan, a <br />Forbearance Agreement, and a Delivery Agreement. Such information shall be <br />submitted in the Year- following the creation of the ICS. <br />2. The Secretary, acting through the Lower Colorado Regional Director, shall <br />verify the information submitted pursuant to this section, and provide a final <br />written decision to the Contractor regarding the amount of IC5 created. The <br />results of such final written decisions shall be made available to the public <br />through publication pursuant to Section 3.D.3. and other appropriate means. A <br />Contractor and any party to an applicable Forbearance Agreement may appeal <br />the Regional Director's verification decision first to the Regional Director and <br />then to the Secretary; and through judicial processes. <br />Each Year the Water Accounting Report will be supplemented to include ICS <br />Account balance information for each Contractor and shall address ICS creation, <br />deliveries, amounts no longer available for delivery due to releases for flood <br />control purposes, deductions pursuant to Section 3.B.2., deductions due to <br />annual evaporation losses pursuant to Section 3.B.7., any amounts of ICS <br />converted to Extraordinary Conservation ICS, and ICS remaining available for <br />delivery. <br />ROD -Colorado River Interim Guidelines for December 2007 <br />Lower Basin Shortages and Coordinated 43 <br />Operations for Lake Powell and Lake Mead <br />