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June 30, 1997 <br />b. Irrigation canal use limitation. DOI has reviewed current <br />practices and agrees that no requirements need be imposed to limit <br />irrigation canal use by the Districts and that earlier recommendations <br />raised with respect to limiting water use for weed removal and canal <br />seasoning, to filling Elwood Reservoir, and to pumping into Central's <br />canals are considered resolved. <br />C. Water rights. Central will apply for, diligently pursue, and <br />maintain, when granted, necessary storage and storage use rights to <br />legally permit storage and release of water from the Environmental <br />Account in Lake McConaughy for instream flow purposes. The <br />appropriate District or Districts will do the same should other Project <br />storage facilities be approved for Environmental Account storage. The <br />parties agree license conditions reflecting those commitments would <br />satisfy recommendations that the Districts obtain water rights for <br />instream flow purposes. <br />d. Pass- through of upstream releases. With the Nebraska <br />Department of Water Resource's ( "NEDWR's ") concurrence, the <br />Districts will pass through or store water from upstream sources <br />specifically provided under a Program approved by the Governance <br />Committee to the extent and in the manner called for under plans <br />developed through the Program. Consistent with the Environmental <br />Account Program (Paragraph III.A.9), NPPD and /or Central may divert <br />such water but shall return to the river any such water diverted less the <br />NEDWR estimated river loss. The parties agree that this would fulfill <br />previously recommended prohibitions against consumptive use of water <br />from upstream sources which was specifically provided for instream <br />flows. <br />e. Changes to pass sediment. In light of operational and structural <br />modifications already made by the Districts, the parties agree that the <br />Districts should not be required by license conditions to make any <br />additional operational or structural changes for sediment control <br />purposes, and that any related recommendations should be closed. <br />f. Prevention of aquatic vegetation flushing. As prevention of <br />aquatic vegetation flushing will be addressed through NPPD's plan to <br />manage the North Platte rock weir fishery, the parties agree that <br />previously recommended restrictions are adequately addressed and that <br />no other specific requirements are needed. <br />Effie <br />f <br />F <br />fl <br />7 <br />�l <br />Fj <br />