Common use of Limit on Rate of Delivery to Agency Clause in Contracts

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five (35) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌ (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five eleven (3511) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. <(d)24 Delivery of Water Not Delivered in Accordance With Schedule - Deleted> (e)25 Delivery of Carry-over Entitlement Water‌ Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌: (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. 24 Deleted: Amendment 17‌ The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirtyfifty-five three (3553) cubic feet per cubic-feet-per-second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. <(d)27 Delivery of Water Not delivered in Accordance with Schedule - Deleted> (e)28 Delivery of Carry-over Entitlement Water Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted26 Amended: Amendments Xx. 0, 0, xxx 00 00 Xxxxxxx: Amendment 14‌No. 18 (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five thirty two (3532) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. <(d)24 Delivery of Water Not Delivered in Accordance With Schedule –Deleted> (e)25 Delivery of Carry-over Entitlement Water‌ Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted24 Amended: Amendment 14‌13 (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five thirty (3530) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. . (e) 24 Delivery of Carry-over Entitlement Water‌ Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌: (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five (35) 63 cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌: (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five one hundred two (35102) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. 22 Amended: Amendment 2, 18, 19, 20 <(d)23 Delivery of Water Not Delivered in Accordance With Schedule - Deleted> (e)24 Delivery of Carry-over Entitlement Water‌ Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌: (1) scheduled Scheduled or unscheduled outages of facilities within the Agency’s service services area; or (2) a A delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a A delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. ‌ In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirtytwenty-five three (3523) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. <(d)24 Delivery of Water Not Delivered in Accordance With Schedule –Deleted> (e)25 Delivery of Carry-Over Entitlement Water‌ Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌: (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Waterwater, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.

Limit on Rate of Delivery to Agency. In no event shall the State be obligated to deliver water to the Agency through all delivery structures at a total combined instantaneous rate of flow exceeding thirty-five three and one half (353.5) cubic feet per second, except as this rate of flow may be revised by amendment of this article after submission to the State of the Agency’s requests with respect to maximum flow capacities to be provided in said delivery structures, pursuant to Article 10. Upon request of the Agency, the State shall make Carry-over Entitlement Water available for delivery to the Agency during the first three months of the next year, to the extent that such 31 Added: Amendment 11 deliveries do not adversely affect current or future project Operationsoperations, as determined by the State. The State’s determination shall include, but not be limited to the operational constraints of project facilities, filling of project conservation storage, flood control releases and water quality restrictions. Carry-over of entitlement water shall be limited to entitlement water that was included in the Agency’s approved delivery schedule for October, November and December, but was not delivered due to: 23 Deleted: Amendment 14‌: (1) scheduled or unscheduled outages of facilities within the Agency’s service area; or (2) a delay in the planned application of a contractor’s annual entitlement water for pre-irrigation; or (3) a delay in the planned spreading of the Agency’s annual entitlement water for ground water storage. After determining that the carry-over of entitlement water would not adversely affect project operations, the State shall notify the Agency of the amount of entitlement water to be carried over to the following January through March period. The notification shall include the proposed terms and conditions consistent with this Article 12(e) that would govern the delivery of the Carry-over Entitlement Water. The Agency agrees to pay all significant identifiable costs associated with its Carry-over Entitlement Water, as determined by the State. All scheduling and delivery of Carry-over Entitlement Water shall be carried out pursuant to the provisions of this contract. The Agency agrees to forego the delivery of any Carry-over Entitlement Water that is lost because of project operations or is not delivered by March 31 of the next year. Any Carry-over Entitlement Water foregone by the Agency will become a part of the current year’s total project supply.