Common use of Criteria for Determining Capacity of Transportation Facilities Clause in Contracts

Criteria for Determining Capacity of Transportation Facilities. > The State shall design and construct the project transportation facilities so as to provide in each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District and to other contractors in the maximum monthly amounts and at the locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c), 7(b), 12(b), and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District shall be sufficient to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as determined by the State: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District of the foregoing monthly amounts, subject to the retention at all times, except during periods of emergency, in each such reservoir of an amount of stored water reasonably sufficient to meet emergency requirements of the District for project water during the respective year.

Criteria for Determining Capacity of Transportation Facilities. > The State shall design and construct the project transportation facilities so as to provide in for each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District and to other contractors in the maximum monthly amounts and at the locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c6(b), 7(b), 12(b), and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District shall be sufficient to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as determined by the Stateentitlement: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District of the foregoing monthly amounts, subject to the retention at all times, except during periods of emergency, in each such reservoir on the East Branch Aqueduct and the West Branch Aqueduct, respectively, of an amount of stored water reasonably sufficient to meet emergency requirements of the District for project water during the respective year: Provided further, That excess capacity shall be provided in accordance with Article 47(c) of this contract.

Criteria for Determining Capacity of Transportation Facilities. > The 33The State shall design and construct the project transportation facilities so as to provide in each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District Agency and to other contractors in the maximum monthly amounts and at the locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c6(b), 7(b), 12(b), ) and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District Agency shall be sufficient to enable delivery to the District Agency in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the DistrictAgency’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District Agency in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the DistrictAgency’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as determined by the Stateentitlement: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District Agency of the foregoing monthly amounts, subject to the retention at all times, except during periods of emergency, in each such reservoir on the East Branch Aqueduct and the West Branch Aqueduct, respectively, of an amount of stored water reasonably sufficient to meet emergency requirements of the District Agency for project water during the respective year.: Provided further, That excess capacity shall be provided in accordance with Article 46(d) of this contract. 33 Amended: Amendment No. 4

Criteria for Determining Capacity of Transportation Facilities. > The State shall design and construct the project transportation facilities so as to provide in each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District and to other contractors in the maximum monthly amounts and at the the‌ locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c), 7(b), 12(b), and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District shall be sufficient to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as determined by the State: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District of the foregoing monthly amounts, subject to the retention at all times, except during periods of emergency, in each such reservoir of an amount of stored water reasonably sufficient to meet emergency requirements of the District for project water during the respective year.

Criteria for Determining Capacity of Transportation Facilities. > The State shall design and construct the project transportation facilities so as to provide in each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District and to other contractors in the maximum monthly amounts and at the locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c), 7(b), 12(b), and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District shall be sufficient to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as as‌ determined by the State: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District of the foregoing monthly amounts, subject to the retention at all times, except during periods of emergency, in each such reservoir of an amount of stored water reasonably sufficient to meet emergency requirements of the District for project water during the respective year.

Criteria for Determining Capacity of Transportation Facilities. > The State shall design and construct the project transportation facilities so as to provide in each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District and to other contractors in the maximum monthly amounts and at the locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c), 7(b), 12(b), and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District shall be sufficient to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as determined by the State: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District of the foregoing monthly amounts, subject to the retention at at‌ all times, except during periods of emergency, in each such reservoir of an amount of stored water reasonably sufficient to meet emergency requirements of the District for project water during the respective year.

Criteria for Determining Capacity of Transportation Facilities. > The State shall design and construct the project transportation facilities so as to provide in each reach thereof, including reservoirs, the capacity necessary to enable delivery of project water in each year to the District and to other contractors in the maximum monthly amounts and at the locations, times, and maximum rates specified or provided for in their respective contracts for such year, and shall include in each such reach such capacity as is economically justified in the judgment of the State to compensate for scheduled outages for purposes of necessary investigation, inspection, maintenance, repair or replacement of project facilities, and for losses of water due to evaporation, leakage, seepage, or other causes. Subject to Articles 6(c6(b), 7(b), 12(b), and 12(c), the capacity so to be provided by the State for each reach of the project transportation facilities necessary for transporting water to the District shall be sufficient to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s annual entitlement for the respective year to be put to municipal use and eighteen percent (18%) of that portion of the District’s annual entitlement for the respective year to be put to agricultural use, all as determined by the State, and, upon completion of the project facilities, to enable delivery to the District in each month of any year of an amount of water up to but not exceeding the sum of eleven percent (11%) of that portion of the District’s maximum annual entitlement to be put to municipal use in the respective year and eighteen percent (18%) of that portion of the District’s maximum annual entitlement to be put to agricultural use in the respective year, all as determined by the Stateentitlement: Provided, That regulatory storage reservoirs included in the project transportation facilities may be utilized in conjunction with conveyance capacity provided in said facilities for delivery to the District of the foregoing monthly amounts, subject to the retention at all times, except during periods of emergency, in each such reservoir on the East Branch Aqueduct of an amount of stored water reasonably sufficient to meet emergency requirements of the District for project water during the respective year.