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• <br />? <br />seek additional review/guidance or recommend chanbes relating to reregulation <br />and bypass flows. <br />(4) Based on updated water suppty estimates provided per Attachment 5, Section 1, <br />Subsection 2.g, the reregulation and bypass cost estimates from the Districts <br />ancUor other information, the EA Manager may amend the draft Program AOP <br />proposed reregulation or EA bypasses. The EA Manager and Executive Director <br />will include any such amendment in the monthly status report on implementation <br />of the Program AOP required in Attachment 5, Section 1, Subsection 2.i.. <br />(5) Prior to December 31 each year, each District will separately invoice the <br />Program's Executive Director with a copy to the EA Manager based on the cost <br />factors in paragraph 3.c above together with suitable documentation of the basis <br />for the aYnount bil(ed. The amount of EA water by-passing the District's <br />diversion dams will be determined based on the Nebraska Department of Natural <br />Resources water accounting program. <br />(6) Prior ta 60 days following receipt of the invoices from the Districts, the Executive <br />Director, in consultation with the EA Manager, will review and provide payment <br />through the tinancial management entity for the bills from the Program budget <br />itein specifically established for this purpose. <br />(7) In the event that the Program disagrees with the amount of any invoice, it shaLl <br />nonetheless pay the full amount of the disputed invoice and shall advise the <br />District in question, within 30 days of the receipt of the invoice, of the amount in <br />dispute together with its reasons in writing for disputing that portion of the bil1. <br />Such payment shall be placed in escrow pending resolution of the dispute. In the <br />event the parties are unable to agree upon a resolution of the dispute within 60 <br />days af the date of the invoice (or such later date as the parties may mutually <br />agree), the dispute shall be submitted to an arbitration under the rules and <br />procedures of the American Arbitration Association. <br />e. After the start of Program implementation, a fortnal agreement will be entered <br />into between the Program and CNPPID and NPPD that will implement the provisions outlined in <br />this Attachment 5, Section 1, Subsection 3. There will be no reregulation or EA bypass under <br />the Program until such agreement is in effect. <br />Water Year 2008 EA AOP <br />35 <br />October 15, 2007