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<br />Stipulation
<br />Cases Nos. 92-CW-059, 92-CW-163, 94-CW-0;6
<br />Pale 6
<br />any Subsequent Water Court Cases, shall be subject to reopening by any of theparties for litigation
<br />of any and all water quality concerns. If any of the Funding Parties moves or requests such a
<br />reopening, then this stipulation shall be deemed null and void.
<br />3.3 If, during theperiod from approval of this Stipulation to December 31, 2005, discharges from
<br />the Existing Plant exceed the seasonal poundage goals for TP or TIN set forth in Pazagraph 2.7, then
<br />effluent from the Existing Plant may not beused to affsetout-of-priority diversions or to effectuate
<br />exchanges (whether pursuant to decrees in the instant cases 92CW059, 92CW168, and 94CW036,
<br />in Subsequent Water Court Cases, or in Temporary Substitute Supply Plans) until the beginning of
<br />the next Season.
<br />3.4 If, during the period from approval of this Stipulation to December 31, 2005, TP or TIN
<br />excursions, as defined in paragraph 2.7.1, above, exceed 30 days in any Year, during the remainder `
<br />of that Year effluent from the Existing Plant may not be used to offset out-of-priority diversions or
<br />•to effectuate exchanges (whether pursuant to decrees in the instant cases 92CW069, 92CW168, and
<br />94CW036, in Subsequent Water Court Cases, or in Temporary Substitute Supply Plans) on any day
<br />when TP exceeds 2.0 mg/1 ar TIN exceeds 20 mg/I.
<br />3.5 If the design and construction cost for the TWT at the New Plant will exceed $1,500,000
<br />(2000 dollars) and the Funding Parties are unable to agree on how to allocate and fund the total
<br />additional design and construction cost, then: (1) the escrowprovided in Parngraph 2.3.2 above shall
<br />be dissolved and all sums, with interest thereon, returned to the parties pro rata to their contnbution;
<br />(2).the District shall be relieved of all obligations under this Stipulation; and (3) the final decrees in
<br />the instant cases, and in any' Subsequent Water Court Cases shall be subject to reopening by any
<br />party for litigation of any and all water quality.concerns. If after the process described in paragraph
<br />2.3.3, above, is concluded, any of the Funding Parties moves or requests such a reopening, then this
<br />stipulation shall be deemed null and void. -
<br />3.6 If, after the New Plant is operational; discharges from the New Plant exceed the seasonal
<br />poundage goals for TP or TIN set forth in Paragraph 2.5, the effluent from the New Plant may not
<br />be used to offset out-of-priority diversions or to effectuate exchanges (whether pursuant to decrees
<br />in the instant cases 92CW059, 92CW168, and 94CbV036, in SubsequentWater Court Cases, or in
<br />Temporary Substitute Supply Plans) until the beginning ofthe next Season.
<br />3.7 If, after the New Plant is operational, TP or 1114 excursions, as defined in paragraph 2.5. ],
<br />above, exceed 30 days in any Year, then during the remainder of that Yeaz effluent from the New
<br />Plant may not be used to offset out-of-priority diversions or to effectuate exchanges (whether
<br />pursuant to decrees in the instant cases 92CW059, 92CW 168, and 94CW036, in Subsequent Water
<br />Court Cases, or in Temporary Substitute Supply Plans) on any day when TP exceeds 0.6 mg/1 or TIN
<br />t
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