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<br />December 12,2005 <br />Page 8 ofl5 <br />Working Draft for Discussion <br /> <br />. <br /> <br />3. During a year in which a Flood Control Surplus or a Quantified . <br />Surplus has been declared, the permission to use ICS would be <br />suspended for that year. Any water spilled from Lake Mead would <br />first come from the credits available for each agency at the beginning <br />of the calendar year as follows: <br /> <br />Credits no longer available to Agency A equals the amount of water <br />spilled from Lake Mead multiplied by the quantity of credits available <br />to Agency A at the beginning ofthe calendar year divided by sum of <br />credits available to all agencies at the beginning of the calendar year. <br />The credits that are no longer available to Agency A could not exceed <br />the credits available to Agency A at the beginning of the calendar year. <br /> <br />4. During Domestic Surplus conditions, the contractor would have the <br />ability to choose to use either or both ICS and domestic surplus for <br />that year. <br /> <br />. <br /> <br />5. The amount of the imported water that reaches Lake Mead must be <br />verified by measurement. [The methodology and reporting <br />requirements need to be determined.] <br /> <br />6. Permission to use ICS would require a forbearance agreement between <br />the states and should require action by the Secretary pursuant to <br />Articles II (B)(2) and II (B)(6) ofthe Decree to release the ICS for use <br />by the contractor in the state that created it. No other rights other than <br />the permission to use the ICS pursuant to Articles II (B)(2) accrues. <br />The forbearance agreements would include restrictions and limitations <br />to enforce compliance with verification, the reduction to benefit the <br />system and account for evaporation losses if the water was stored in a . <br />previous calendar year and other water accounting provisions. <br /> <br />8 <br /> <br /> <br />