Common use of Minimization Clause in Contracts

Minimization. a) For non-emergency operations, construction and maintenance activities, where humans are present, that cannot be avoided and must occur during March 1-July 15, restrict activities between the hours of 3:00 am and 9:00 am in areas within 1.25 mi of leks that have been recorded as active within the previous 5 years. (Discretionary, see Section XII(C)(2)(a)) b) Institute noise abatement year-round for new facility operations (post-construction, post-drilling, post-completion, and post-recompletion) located within 1.25 mi of a lek recorded as active within the previous 5 years. Noise from these new facilities shall not exceed 75 dB when measured at Participant’s property line or any point greater than 30 feet from the facility boundary. This minimization measure is required unless other regulations require lower noise levels. If new scientific information becomes available supporting lower or higher decibel limits through the adaptive management process, this Conservation Measure may be amended for both new and existing Participants as provided in Section XXII of the CCAA (Modification of the CCAA and Amendment of the Permit). In the event of changes in noise limits for existing Participants, WAFWA and the Participants will agree upon a timeline for implementing those changes. (Required) c) If a complete lek survey is conducted for the proposed seismic activity area, WAFWA shall consider, on a case by case basis, the application of seismic methodologies that minimize LEPC disturbance off road travel during the lekking, nesting and brooding season (March 1-July 15) within 1.25 miles of leks recorded as active within the previous 5 years. Daily timing restrictions for lek disturbance (3:00 am-9:00 am) must be observed within 1.25 miles of leks recorded as active within the previous five years. (Required)

Minimization. a) For non-emergency operations, construction and maintenance activities, where humans are present, that cannot be avoided and must occur during March 1-July 15, restrict activities between the hours of 3:00 am and 9:00 am in areas within 1.25 mi of leks that have been recorded as active within the previous 5 years. (Discretionary, see Section XII(C)(2)(a)Required) b) Institute noise abatement year-round for new facility operations (post-post- construction, post-drilling, post-completion, and post-recompletion) located within 1.25 mi of a lek recorded as active within the previous 5 years. Noise from these new facilities shall not exceed 75 dB when measured at Participant’s property line or any point greater than 30 feet from the facility boundaryFacility Boundary. This minimization measure is required unless other regulations require lower noise levels. If new scientific information becomes available supporting lower or higher decibel limits through the adaptive management process, this Conservation Measure may be amended for both new and existing Participants as provided in Section XXII of the CCAA (Modification of the CCAA and Amendment of the Permit). In the event of changes in noise limits for existing Participants, WAFWA and the Participants will agree upon a timeline for implementing those changes. (Required) c) If a complete lek survey is conducted for the proposed seismic activity area, WAFWA shall consider, on a case by case basis, the application of seismic methodologies that minimize LEPC disturbance off road travel during the lekking, nesting and brooding season (March 1-July 15) within 1.25 miles of leks recorded as active within the previous 5 years. Daily timing restrictions for lek disturbance (3:00 am-9:00 am) must be observed within 1.25 miles of leks recorded as active within the previous five years. (Required)

Minimization. a) For non-emergency operations, construction and maintenance activities, where humans are present, that cannot be avoided and must occur during March 1-July 15, restrict activities between the hours of 3:00 am and 9:00 am in areas within 1.25 mi of leks that have been recorded as active within the previous 5 years. (Discretionary, see Section XII(C)(2)(aII(C)(2)(a)) b) Institute noise abatement year-round for new facility operations (post-construction, post-drilling, post-completion, and post-recompletion) located within 1.25 mi of a lek recorded as active within the previous 5 years. Noise from these new facilities shall not exceed 75 dB when measured at Participant’s property line or any point greater than 30 feet from the facility boundaryFacility Boundary. This minimization measure is required unless other regulations require lower noise levels. If new scientific information becomes available supporting lower or higher decibel limits through the adaptive management process, this Conservation Measure may be amended for both new and existing Participants as provided in Section XXII of the CCAA (Modification of the CCAA and Amendment of the Permit). In the event of changes in noise limits for existing Participants, WAFWA and the Participants will agree upon a timeline for implementing those changes. (Required) c) If a complete lek survey is conducted for the proposed seismic activity area, WAFWA shall consider, on a case by case basis, the application of seismic methodologies that minimize LEPC disturbance off road travel during the lekking, nesting and brooding season (March 1-July 15) within 1.25 miles of leks recorded as active within the previous 5 years. Daily timing restrictions for lek disturbance (3:00 am-9:00 am) must be observed within 1.25 miles of leks recorded as active within the previous five years. (Required)

Minimization. a) For non-emergency operations, construction and maintenance activities, where humans are present, that cannot be avoided and must occur during March 1-July 15, restrict activities between the hours of 3:00 am and 9:00 am in areas within 1.25 mi of leks that have been recorded as active within the previous 5 years. (Discretionary, see Section XII(C)(2)(aII(C)(2)(a)) b) Institute noise abatement year-round for new facility operations (post-construction, post-post- drilling, post-completion, and post-recompletion) located within 1.25 mi of a lek recorded as active within the previous 5 years. Noise from these new facilities shall not exceed 75 dB when measured at Participant’s property line or any point greater than 30 feet from the facility boundaryFacility Boundary. This minimization measure is required unless other regulations require lower noise levels. If new scientific information becomes available supporting lower or higher decibel limits through the adaptive management process, this Conservation Measure may be amended for both new and existing Participants as provided in Section XXII of the CCAA (Modification of the CCAA and Amendment of the Permit). In the event of changes in noise limits for existing Participants, WAFWA and the Participants will agree upon a timeline for implementing those changes. (Required) c) If a complete lek survey is conducted for the proposed seismic activity area, WAFWA shall consider, on a case by case basis, the application of seismic methodologies that minimize LEPC disturbance off road travel during the lekking, nesting and brooding season (March 1-July 15) within 1.25 miles of leks recorded as active within the previous 5 years. Daily timing restrictions for lek disturbance (3:00 am-9:00 am) must be observed within 1.25 miles of leks recorded as active within the previous five years. (Required)