Common use of Devil Canyon Power Plant Bypass Clause in Contracts

Devil Canyon Power Plant Bypass. (1) The Department shall construct for transport and delivery of water to the District, as part of the East Branch Aqueduct, a 300 cubic-foot-per-second bypass at Devil Canyon Power plant, designated as Reach 26B. (2) The District shall be responsible for repayment of all capital costs of the bypass including financing costs, as well as payment of minimum operation, maintenance, power and replacement costs allocated to the bypass. Financing and repayment of capital costs shall be subject to Article 49(d). The construction costs portion of capital costs of the bypass shall be determined as the total construction costs of the bypass and Reach 26A East. Branch Enlargement less the final estimated costs that would have been incurred had the bypass not been constructed. Minimum operation, maintenance, power and replacement costs shall be determined in the same manner as for other reaches of the East Branch Aqueduct. (3) The bypass shall be constructed for emergency use. After the bypass is completed, the Department will conduct tests to determine whether the bypass could be operated on a regular basis for deliveries. If the State determines that the bypass increases the capacity available for deliveries to the District through Reach 25 and the portion of Reach 26A upstream of Reach 26B it shall so notify the District. If the District requests that a portion or all of such increase in capacity be available for deliveries on a non-emergency basis, the State shall make the requested capacity available and shall revise the allocation factors for Reach 25 and the portion of Reach 26A to reflect the increase in capacity made available for deliveries on a non-emergency basis to the District. (4) Notwithstanding Subsection (b) of Article 26, the District shall not receive a power generation credit associated with Devil Canyon Power Plant for any water which is conveyed through the bypass.

Devil Canyon Power Plant Bypass. ‌ (1) The Department shall construct for transport and delivery of water to the District, as part of the East Branch Aqueduct, a 300 cubic000 xxxxx-footxxxx-perxxx-second bypass xxxxxx xxxxxx at Devil Canyon Power plant, designated as Reach 26B. (2) The District shall be responsible for repayment of all capital costs of the bypass including financing costs, as well as payment of minimum operation, 73 Added: Amendment 7 74 Added: Amendment 21 maintenance, power and replacement costs allocated to the bypass. Financing and repayment of capital costs shall be subject to Article 49(d). The construction costs portion of capital costs of the bypass shall be determined as the total construction costs of the bypass and Reach 26A East. East Branch Enlargement less the final estimated costs that would have been incurred had the bypass not been constructed. Minimum operation, maintenance, power and replacement costs shall be determined in the same manner as for other reaches of the East Branch Aqueduct. (3) The bypass shall be constructed for emergency use. After the bypass is completed, the Department will conduct tests to determine whether the bypass could be operated on a regular basis for deliveries. If the State determines that the bypass increases the capacity available for deliveries to the District through Reach 25 and the portion of Reach 26A upstream of Reach 26B it shall so notify the District. If the District requests that a portion or all of such increase in capacity be available for deliveries on a non-non­ emergency basis, the State shall make the requested capacity available and shall revise the allocation factors for Reach 25 and the portion of Reach 26A to reflect the increase in capacity made available for deliveries on a non-emergency basis to the District. (4) Notwithstanding Subsection (b) of Article 26, the District shall not receive a power generation credit associated with Devil Canyon Power Plant for any water which is conveyed through the bypass.

Devil Canyon Power Plant Bypass. (1) The Department shall construct for transport and delivery of water to the District, as part of the East Branch Aqueduct, a 300 cubic000 xxxxx-footxxxx-perxxx-second bypass xxxxxx xxxxxx at Devil Canyon Power plant, designated as Reach 26B. (2) The District shall be responsible for repayment of all capital costs of the bypass including financing costs, as well as payment of minimum operation, 73 Added: Amendment 7 74 Added: Amendment 21 maintenance, power and replacement costs allocated to the bypass. Financing and repayment of capital costs shall be subject to Article 49(d). The construction costs portion of capital costs of the bypass shall be determined as the total construction costs of the bypass and Reach 26A East. East Branch Enlargement less the final estimated costs that would have been incurred had the bypass not been constructed. Minimum operation, maintenance, power and replacement costs shall be determined in the same manner as for other reaches of the East Branch Aqueduct. (3) The bypass shall be constructed for emergency use. After the bypass is completed, the Department will conduct tests to determine whether the bypass could be operated on a regular basis for deliveries. If the State determines that the bypass increases the capacity available for deliveries to the District through Reach 25 and the portion of Reach 26A upstream of Reach 26B it shall so notify the District. If the District requests that a portion or all of such increase in capacity be available for deliveries on a non-non- emergency basis, the State shall make the requested capacity available and shall revise the allocation factors for Reach 25 and the portion of Reach 26A to reflect the increase in capacity made available for deliveries on a non-emergency basis to the District. (4) Notwithstanding Subsection (b) of Article 26, the District shall not receive a power generation credit associated with Devil Canyon Power Plant for any water which is conveyed through the bypass.

Devil Canyon Power Plant Bypass. (1) The Department shall construct for transport and delivery of water to the District, as part of the East Branch Aqueduct, a 300 cubic-foot-per-second bypass at Devil Canyon Power plant, designated as Reach 26B. (2) The District shall be responsible for repayment of all capital costs of the bypass including financing costs, as well as payment of minimum operation, maintenance, power and replacement costs allocated to the bypass. Financing and repayment of capital costs shall be subject to Article 49(d). The construction costs portion of capital costs of the bypass shall be determined as the total construction costs of the bypass and Reach 26A East. East Branch Enlargement less the final estimated costs that would have been incurred had the bypass not been constructed. Minimum operation, maintenance, power and replacement costs shall be determined in the same manner as for other reaches of the East Branch Aqueduct. (3) The bypass shall be constructed for emergency use. After the bypass is completed, the Department will conduct tests to determine whether the bypass could be operated on a regular basis for deliveries. If the State determines that the bypass increases the capacity available for deliveries to the District through Reach 25 and the portion of Reach 26A upstream of Reach 26B it shall so notify the District. If the District requests that a portion or all of such increase in capacity be available for deliveries on a non-non- emergency basis, the State shall make the requested capacity available and shall revise the allocation factors for Reach 25 and the portion of Reach 26A to reflect the increase in capacity made available for deliveries on a non-emergency basis to the District. (4) Notwithstanding Subsection (b) of Article 26, the District shall not receive a power generation credit associated with Devil Canyon Power Plant for any water which is conveyed through the bypass.

Devil Canyon Power Plant Bypass. ‌ (1) The Department shall construct for transport and delivery of water to the District, as part of the East Branch Aqueduct, a 300 cubic000 xxxxx-footxxxx-perxxx-second bypass xxxxxx xxxxxx at Devil Canyon Power plant, designated as Reach 26B. (2) The District shall be responsible for repayment of all capital costs of the bypass including financing costs, as well as payment of minimum operation, maintenance, power and replacement costs allocated to the bypass. Financing and repayment of capital costs shall be subject to Article 49(d). The construction costs portion of capital costs of the bypass shall be determined as the total construction costs of the bypass and Reach 26A East. East Branch Enlargement less the final estimated costs that would have been incurred had the bypass not been constructed. Minimum operation, maintenance, power and replacement costs shall be determined in the same manner as for other reaches of the East Branch Aqueduct. (3) The bypass shall be constructed for emergency use. After the bypass is completed, the Department will conduct tests to determine whether the bypass could be operated on a regular basis for deliveries. If the State determines that the bypass increases the capacity available for deliveries to the District through Reach 25 and the portion of Reach 26A upstream of Reach 26B it shall so notify the District. If the District requests that a portion or all of such increase in capacity be available for deliveries on a non-non- 73 Added: Amendment 7 74 Added: Amendment 21 emergency basis, the State shall make the requested capacity available and shall revise the allocation factors for Reach 25 and the portion of Reach 26A to reflect the increase in capacity made available for deliveries on a non-emergency basis to the District. (4) Notwithstanding Subsection (b) of Article 26, the District shall not receive a power generation credit associated with Devil Canyon Power Plant for any water which is conveyed through the bypass.