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d. Extraordinary conservation programs existing as of January 1, 2006 e. Other extraordinary conservation measures as agreed upon by the States 3. If conditions during the year change due to weather or other unforeseen circumstances, a Contractor may request a mid-year modification of its water order to reduce the amount of ICS credits created during that year. A Contractor cannot increase the amount of ICS credits it had previously scheduled to create during the year. 4. Any ICS credits would be used first to offset any overrun for that year or future year(s). 5. The maximum amount of ICS credits that can be created during any year through extraordinary conservation is limited to each state as listed below. a. California: 400,000 acre-feet per year b. Nevada: 125,000 acre-feet per year c. Arizona: 100,000 acre-feet per year 6. The maximum cumulative amount of ICS credits created through extraordinary conservation that would be available at any one time is: a. 1,500,000 acre-feet for California; b. 300,000 acre-feet for Nevada; and c. 300,000 acre-feet for Arizona. 7. No category of surplus water can be used to create ICS credits. 8. At the time the ICS credits are created by extraordinary conservation, the Contractor will dedicate 5% of the ICS credits to the system on a one-time basis to provide a water supply benefit to the system. Additionally, ICS credits will be subject to annual evaporation loss (estimated to be no more than 3% annually) during each year in which no shortage has been declared. The Secretary will not assess any other charge for creating ICS credits. 9. Contractors that have created ICS credits may recover them under the following conditions: a. A Contractor may request delivery of ICS credits it has created at the time it submits its annual water order for the following year. The ICS credits would be added to the Contractor's approved water order for that year upon approval by Reclamation. 9