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<br />Service will participate by conservatively managing water available under this Agreement, and <br />water available to the Service from their other sources dedicated to the endangered fish in the 15 - <br />Mile Reach, by providing sufficient flows to freshen pools and connect pools, riftles and runs . <br />without necessarily adhering to currently recommended Target Flows. Conservative <br />management of available water will be addressed on iI year-by-year basis to react to prevailing <br />hydrologic conditions and other appropriate factors. ! Any agreements may be set forth by the <br />Contracting Officer in an administrative letter, if apptopriate. <br /> <br />C. Notwithstanding the provisions of Article vn.B., if the Contracting Officer <br />detennines that a shortage exists in the regulatory capacity, the following provisions shall apply: <br /> <br />1. For purposes of this subarticle, this Agreement shall be considered to be a long term <br />Ruedi Round IT contract. <br /> <br />2. Water delivered pursuant to this contract is; provided from the regulatory capacity of <br />Ruedi Reservoir. Should shortages occur to the regulatory capacity, as determined by the <br />Contracting Officer pursuant to this subarticle C, such shortages will be apportioned <br />among the Ruedi Reservoir contractors in the! following manner: .fim, deliveries to all <br />temporary and short-term contractors will be proportionately reduced up to 100 percent <br />of their respective contracted amounts; second, deliveries to all Round IT contractors will <br />be proportionately reduced up to 100 percent ~ftheir respective contracted amounts; third <br />deliveries to all Round I municipal contractors will be proportionately reduced up to 30 <br />percent of their respective contracted amounts; and finallv, deliveries to all Round I - <br />contractors will be reduced up to 100 percentioftheir respective contracted amounts . <br />based on contract execution dates with the eat-liest date having highest priority; Provid~ <br />That the deliveries to all contracts with the same execution dates shall be proportionately <br />reduced up to. 100 percent of their respective remaining contracted amounts. <br /> <br />vm. AMENDMENT <br /> <br />This Agreement may be amended only by a fully executed written agreement by the <br />Parties. Any request to amend this Agreement shall be given in the same manner as provided in <br />Article X. below. <br /> <br />IX. TJ:Rl\fINATION <br /> <br />The Contracting Officer, CWCB or the Service may terminate this Agreement for just <br />cause at any time upon providing 60 calendar days notice. In the event oftennination, the <br />procedures of the October 15,1993 Section 7 Agreement, as revised, will apply. <br /> <br />X. NOTICES <br /> <br />8 <br /> <br />e <br />