Lake McConaughy EA Service Agreement

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LAKE McCONAUGHY ENVIRONMENTAL ACCOUNT SERVICE AGREEMENT THIS AGREEMENT made and entered into this3Aay of Se?19T by and between The Central Nebraska Public Power and Imgation District, a public corporation of Holdrege, Nebraska, hereinafter referred to as "Central," and the United States of America, hereinafter referred to as "United States," acting through the Secretary of the Interior and the Department of the Interior's Fisli and Wildlife Seivice. WITNESSETH: WHEREAS, the Nebraska Department of Water Resources granted Central a water right for environmental uses of water stored in Lake McConaughy in its May 19, 1999 Order A-17695, and it is recognized that the quantity of water available for environmental use is governed by this water right; WHEREAS, it is recognized that the document "An Environmental Account for Storage Reseivoirs on the Platte River System in Nebraska" (herein referred to as the "Environmental Account Document"), which is part of Central's operating license issued by the Federal Energy Regulatory Commission (herein referred to as "FERC") on July 29, 1998, esta.blishes an Environmental Account in Lake McConaughy and a process for releasing water from that account for environmental purposes consistent with CenOral's water right; WHEREAS, the United States desires to establish a water service agreement with Central to implement the provisions of Central's FERC license Aracle 404 and the Environmental Account Document providing that the United Sta.tes may request environmental releases of water from the Environmental Account established in Lake McConaughy, consistent with the EA Document; and WHEREAS, the United Sta.tes, acting through the Deparhnent of the Interior and the Fish and Wildlife Service, has designated an Environmental Account Manager as the United States' representa.tive authorized to designate the ame, amount and routing of said requests for release of Environmental Account water, consistent with the provisions below. NOW, THEREFORE, in consideration of the mutual obligations undertaken by each Party including those undertaken by Central which became conditions of its FERC license, it is hereby covenanted and agreed: I. Uuring the term of this agreement, Central will make no charges of the United State`s for Environmental Account water service. II. This agreement will become effective the first water year (October 1- September 30) following its execution and remain effective for each water year thereafter throughout the term of the FERC license issued July 29, 1998, and any subsequent an.nual