SWRCB. Within five (5) years of the Execution Date, the SWRCB has entered a Final Order that approves the IID's transfer of Conserved Water to the Authority under this Agreement and which is based on the following findings: (A) California law, including §§ 1011, 1012 and 1013 of the California Water Code as in effect on the Execution Date, applies to and governs the IID's transfer of Conserved Water to the Authority and IID's Senior Water Rights are unaffected by IID's transfer of Conserved Water to the Authority; (B) The Conserved Water transferred by the IID to the Authority under the Agreement retains the same priority as if the water had been diverted by and used within the IID; and (C) The quantity of Conserved Water transferred in each Agreement Year will be verified by the SWRCB confirming that: (1) the IID is enforcing the contractual duties and obligations of the Contracting Landowners to undertake Water Conservation efforts; (2) the IID has undertaken Water Conservation efforts, if applicable; and (3) the IID's diversions at Imperial Dam (less return flows) have been reduced in an amount equal to the quantity of Conserved Water transferred for each Agreement Year. To the extent that the SWRCB imposes costs on the Parties for its review and approval of the IID's transfer of Conserved Water to the Authority under this Agreement, the IID and the Authority agree to share such costs equally, except that: SWRCB-imposed costs relating to the SWRCB's role in environmental review with respect to environmental mitigation shall be allocated based on the division of environmental mitigation responsibility identified in §§ 7.1(b)(ii) and 8.1(b)(ii); and any SWRCB-imposed costs relating to the SWRCB's role in reviewing IID's reasonable and beneficial use of water shall be borne solely by the IID.
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SWRCB. Within five (5) years of the Execution Date, the SWRCB has entered a Final Order that approves the IID's transfer of Conserved Water to the Authority under this Agreement and which is based on the following findings:
(A) California law, including §§ 1011, 1012 and 1013 of the California Water Code as in effect on the Execution Date, applies to and governs the IID's transfer of Conserved Water to the Authority and IID's Senior Water Rights are unaffected by IID's transfer of Conserved Water to the Authority;.
(B) The Conserved Water transferred by the IID to the Authority under the Agreement retains the same priority as if the water had been diverted by and used within the IID; and.
(C) The transfer of Conserved Water by the IID to the Authority under the Agreement is in furtherance of SWRCB Decision 1600, SWRCB Water Rights Order 88-20, article X, § 2 of the California Constitution, and §§ 100 and 109 of the California Water Code as in effect on the Execution Date.
(D) The transfer of Conserved Water by the IID to the Authority under the Agreement establishes the reasonable and beneficial use of water by the IID;
(E) The quantity of Conserved Water transferred in each Agreement Year will be verified by the SWRCB confirming that: (1) the IID is enforcing the contractual duties and obligations of the Contracting Landowners to undertake Water Conservation efforts; (2) the IID has undertaken Water Conservation efforts, if applicable; and (3) the IID's diversions at Imperial Dam (less return flows) have been reduced in an amount equal to the quantity of Conserved Water transferred for each Agreement Year;
(F) The IID's reduced diversions at Imperial Dam (less return flows) during an Agreement Year will be measured by subtracting from three million one hundred thousand (3,100,000) AFY the sum of [actual diversions (less return flows) of the IID during the Agreement Year under its priority 3 water right plus the amount of water transferred to the MWD under the IID/MWD 1988 Agreement] and disregarding the actual diversions (less return flows) of the IID during the Agreement Year, if any, under its priority 6 or 7 priority water right; and
(G) To assist the administration of diversions on the Colorado River and insulate junior right holders from any possible impact during the term of the Agreement, the IID will forbear under its priority 3 water right from diverting (less return flows) in excess of three million one hundred thousand (3,100,000) AFY and from diverting (less return flows) in excess of ninety percent (90%) of the water available under its priority 6 and 7 water right. To the extent that the SWRCB imposes costs on the Parties for its review and approval of the IID's transfer of Conserved Water to the Authority under this Agreement, the IID and the Authority agree to share such costs equally, except that: SWRCB-imposed costs relating to the SWRCB's role in environmental review with respect to environmental mitigation shall be allocated based on the division of environmental mitigation responsibility identified in §§ 7.1(b)(ii) and 8.1(b)(ii); and any SWRCB-imposed costs relating to the SWRCB's SWRCB role in reviewing IID's reasonable and beneficial use of water shall be borne solely by the IID.
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