Volume III: Apendices B-T Of the Biological Opinion

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June 30, 1997 actual diversions will vary, within similar ranges as they have historically, as they are affected by hydrologic conditions for the most part. Notwithstanding the limitations in this section, Central will be entitled to provide irrigation service for other canals if such canals have water appropriations as of the date of the issuance of a new license which are assigned or otherwise transferred to Central. (c) In future irrigation seasons, NPPD will divert no more than 45,070 acre -feet of storage water in any year for irrigation at the Gothenburg, Dawson County and Kearney headgates, except as may be required by state law. In most years it is anticipated that diversions will be lower; actual diversions will vary, as they have historically, for the most part relative to hydrologic conditions. Notwithstanding the limitations in this section, NPPD will be entitled to provide irrigation service for other canals if such canals have water appropriations as of the date of the issuance of a new license which are assigned or otherwise transferred to NPPD. (d) The Districts agree that they will not expand irrigation service by taking advantage of water savings achieved by any conservation activities carried out under the Program except as agreed to within the Program. Any Program conservation/water supply activities involving Project facilities or irrigated lands served by the E -65, E- 67, Phelps, Gothenburg, Dawson County or Kearney Canals shall be evaluated during the Program planning process and following implementation to determine the extent of any change that should be made in the figures in (a), (b) or (c). (2) Nothing in item (1) shall preclude the Districts, like ' parties in any of the states participating in the Program, from taking advantage of any future Program component intended to ' permit new depletions while assuring that their effects are mitigated. -15-