CONSTRAINTS ON THE AVAILABILITY OF WATER. 6 5. In a Critical Year, the Contractor shall have the option to:
(a) Irrigate not in excess of 75 percent of their irrigable acreage shown on 8 Exhibit A; or
CONSTRAINTS ON THE AVAILABILITY OF WATER. (a) In a Critical Year, the Contractor’s Base Supply and Project Water agreed 22 to be diverted during the period April through October of the Year in which the principal portion 1 of the Critical Year occurs and, each monthly quantity of said period shall be reduced by
CONSTRAINTS ON THE AVAILABILITY OF WATER. In its operation of the Project, the Contracting Officer will use all reasonable means to guard against a condition of shortage in the quantity of water to be made available to the Contractor pursuant to this Contract. In the event the Contracting Officer determines that a condition of shortage appears probable, the Contracting Officer will notify the Contractor of said determination as soon as practicable.
CONSTRAINTS ON THE AVAILABILITY OF WATER. (1) In its operation of the Project, the Contracting Officer will use all reasonable means to guard against a condition of shortage in the quantity of water to be made available to the Contractor pursuant to this Contract. In the event the Contracting Officer determines that a condition of shortage appears probable, the Contracting Officer will notify the Contractor of said determination as soon as practicable. 1This language may be modified to state Reclamation’s selected method of payment.
(2) If there is a condition of shortage because of inaccurate runoff forecasting or other similar operational errors affecting the Project; drought and other physical or natural causes beyond the control of the Contracting Officer; or actions taken by the Contracting Officer to meet current and future legal obligations, then no liability shall accrue against the United States or any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom.
CONSTRAINTS ON THE AVAILABILITY OF WATER. (1) In its operation of the Project, the Contracting Officer will use all reasonable means to guard against a condition of shortage in the quantity of water to be made available to the Contractor pursuant to this Contract. In the event the Contracting Officer determines that a condition of shortage appears probable, the Contracting Officer will notify the Contractor of said determination as soon as practicable.
(2) If there is a condition of shortage because of inaccurate runoff forecasting or other similar operational errors affecting the Project; drought and other physical or natural causes beyond the control of the Contracting Officer; or actions taken by the Contracting Officer to meet current and future legal obligations, then no liability shall accrue against the United States or any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom.
CONSTRAINTS ON THE AVAILABILITY OF WATER. (a) In a Critical Year, the Contractor’s Base Supply and Project Water 9 agreed to be diverted during the Year shall be reduced by twenty-five percent.
CONSTRAINTS ON THE AVAILABILITY OF WATER. In a Critical Year, the Contracting Officer reserves the right to reduce the 4 the Sacramento River not in excess of 75 percent of the Contract Total shown on Exhibit A, subject 5 to the installation of measurement equipment satisfactory to the Contracting Officer. The Contractor 6 shall install, operate, and maintain this equipment at the Contractor’s expense. The Contractor shall 7 submit, by April 1 of that Critical Year, a written schedule to the Contracting Officer indicating the 8 Contract Total to be diverted by the Contractor during each month of that Critical Year under this
CONSTRAINTS ON THE AVAILABILITY OF WATER. In its operation of the Project, the Contracting Officer will use all 662 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 663 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 666 (b) If there is a Condition of Shortage because of errors in physical operations 667 of the Project, drought, other physical causes beyond the control of the Contracting Officer or 668 actions taken by the Contracting Officer to meet legal obligations then, except as provided in 669 subdivision (a) of Article 18 of this Contract, no liability shall accrue against the United States or 670 any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom.
CONSTRAINTS ON THE AVAILABILITY OF WATER. 210 5. In a Critical Year, the Contractor shall have the option to: 211 (a) Irrigate not in excess of 75 percent of their irrigable acreage shown on 212 Exhibit A; or 213 (b) Divert from the Sacramento River not in excess of 75 percent of the 214 Contract Total shown on Exhibit A, subject to the installation of measurement equipment 215 satisfactory to the Contracting Officer. The Contractor shall install, operate, and maintain this 216 equipment at the Contractor’s expense. The Contractor shall submit, by April 1 of that Critical 217 Year, a written schedule to the Contracting Officer indicating the Contract Total to be diverted 218 by the Contractor during each month of that Critical Year under this Settlement Contract. 219 (c) The amount of any overpayment by the Contractor shall, at its option, be 220 refunded or credited upon amounts to become due to the United States from the Contractor under 221 the provisions hereof in the ensuing Year. To the extent of such deficiency such adjustment of 222 overpayment shall constitute the sole remedy of the Contractor. 223 INTEGRATED WATER MANAGEMENT AND PARTNERSHIPS 224 6. The Contractor and United States desire to work together to maximize the 225 reasonable beneficial use of water for their mutual benefit. As a consequence, the United States 226 and the Contractor will work in partnership and with others within the Sacramento Valley, 227 including other Contractors, to facilitate the better integration within the Sacramento Valley of 228 all water supplies including, but not limited to, the better management and integration of surface 229 water and groundwater, the development and better utilization of surface water storage, the 230 effective utilization of waste, seepage and return flow water, and other operational and 231 management options that may be identified in the future.
CONSTRAINTS ON THE AVAILABILITY OF WATER. In its operation of the Project, the Contracting Officer will use all 627 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 628 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 629 determines that a Condition of Shortage appears probable, the Contracting Officer will notify the 630 Contractor of said determination as soon as practicable. 631 (b) If there is a Condition of Shortage because of errors in physical operations 632 of the Project, drought, other physical causes beyond the control of the Contracting Officer or 633 actions taken by the Contracting Officer to meet legal obligations then, except as provided in 634 subdivision (a) of Article 18 of this Contract, no liability shall accrue against the United States or 635 any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom. 636 (c) Omitted. 637 (d) Project Water furnished under this Contract will be allocated in 638 accordance with the then-existing Project M&I Water Shortage Policy. Such policy shall be 639 amended, modified, or superceded only through a public notice and comment procedure. 640 (e) By entering into this Contract, the Contractor does not waive any legal 641 rights or remedies it may have to file or participate in any administrative or judicial proceeding 642 contesting (i) the sufficiency of the manner in which any Project M&I Water Shortage Policy 643 adopted after the effective date of this Contract was promulgated; (ii) the substance of such a 644 policy; or (iii) the applicability of such a policy. By agreeing to the foregoing, the Contracting 645 Officer does not waive any legal defenses or remedies that it may then have to assert in such a 646 proceeding. 647 UNAVOIDABLE GROUNDWATER PERCOLATION 648 13. Omitted. 649 RULES AND REGULATIONS 650 14. The parties agree that the delivery of Project Water or use of Federal facilities 651 pursuant to this Contract is subject to Federal Reclamation law, as amended and supplemented, 652 and the rules and regulations promulgated by the Secretary of the Interior under Federal 653 Reclamation law. 654 WATER AND AIR POLLUTION CONTROL
