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<br /> <br />10,8708458802 <br /> <br /> <br />OEC-23-02 10,08 FRDM,BALCOMB & GREEN PC <br /> <br />. <br /> <br />. <br /> <br /> <br />. <br /> <br />PAGE 1'1/ <br /> <br />2. IlD agrees to 3.1 MAFY cap effective upon commencement of the short-term transfer <br />program . <br /> <br />3. IlD responsible for processing SWRCB approval at its cost. <br /> <br />4. Except for reasons of hydrologic shortage on the Colorado River, transfers shall be <br />suspended if 3.1 MAFY is not available to IID for any re3$on. <br /> <br />C. Conditions to Implem.entation of Long-Term Agreement. <br /> <br />I. Completion of additional environmental review and approvals and issuance of C~A and <br />ESA pem1its, lIS appropriate or necessaor; SWRCB approval; and DO! approVal; all as <br />required to accommodate the long-term transfer. <br /> <br />2. Salton Sea reclamation program has been determined, adopted, and funded; Salton Sea <br />reclamation is no longer an objective of the state aiid it:deral governments; or state and <br />federal legislation is adopted protecting liD fr<lm mitigation responsibility for in?pacts <br />associated with the Salton Sea. <br /> <br />3. Efficiency conservation would be the foundation for the .long-term transfer of water with <br />concrete assurances that no further fallowing would be required. <br /> <br />4. Issuance of a Habitat Conservation Plan acceptable to lID with "no surprises" assurances to <br />protect IlD from environmental risk for the term of the long-term program. <br /> <br />5. Funding commitment from transferCes to pay for all the environmental mitigation costs as <br />incur.red during the duration of the long-term transfer program, including payment for any <br />conserved water necessary to mitigate environmental impacts.. <br /> <br />6. Aggregate term, including the short-term transfer term, shall not exceed ,4$ years, with <br />renewal options subject to consent ofUD and the transferees. <br /> <br />7. IncluSion of transfers to CVWD on mutually acceptable terms. <br /> <br />8. Ramp-up of transfer to 200,000 to 300,000 AF per year. <br /> <br />9_ Price for transfer of ConserVed Water at formula set forth in 1998llDISDCW A Transfer <br />Agreement; except as to CVWD. <br /> <br />10. Efficiency conservation financed in a manner that insulates no from the risk of stranded <br />capital costs in the event of early termination. <br /> <br />_"i6Qlll:,Q.tl1ft:'n <br /> <br />I <br />