Common use of PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES Clause in Contracts

PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Water Withdrawer Participants (Water Withdrawer Participants) agree to implement the following Conservation Measures: A. Zone A – Temporarily maintain minimum streamflow and curtail pumping of surface water and groundwater that has a demonstrated direct hydrologic connection to the Black River in Zone A should the flow fall below 9.3 cfs at the USGS gauge location at the CID dam. NMDGF recommends 3 cfs (Arm et al. 2014) absolute minimum flow for the Texas Hornshell, but 9.3 cfs is based on current minimum flow as established by water withdrawers in the area. However, the Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. C. Zone C - Ephemeral Drainages to the Black and Delaware rivers, including Owl Draw: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. In the event of any inconsistencies between the Conservation Measures described above and those described in the CCA, the terms of the CCA controls.

PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Water Withdrawer industry sector Participants (Water Withdrawer Participants) agree to implement the following Conservation Measures: A. Zone A – - Temporarily maintain minimum streamflow and curtail pumping of surface water and groundwater that has a demonstrated direct hydrologic connection to the Black River in Zone A should the flow fall below 9.3 cfs at the USGS gauge location at the CID dam. NMDGF recommends 3 cfs (Arm et al. 2014) absolute minimum flow for the Texas Hornshell, but 9.3 cfs is based on current minimum flow as established by water withdrawers in the area. However, the Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this the CCAA. B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), Group will work with subject matter experts to determine minimum flow within five years of implementation of this the CCAA. C. Zone C - Ephemeral Drainages to the Black and Delaware rivers, including Owl Draw: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), Group will work with subject matter experts to determine minimum flow within five years of implementation of this the CCAA. In the event of any inconsistencies between the Conservation Measures described above and those described in the CCACCAA, the terms of the CCA CCAA controls.

PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Water Withdrawer Participants (Water Withdrawer Participants) agree to implement the following Conservation Measures: A. Zone A – Temporarily maintain minimum streamflow and curtail pumping of surface water and groundwater that has a demonstrated direct hydrologic connection to the Black River in Zone A should the flow fall below 9.3 cfs at the USGS gauge location at the CID dam. NMDGF recommends 3 cfs (Arm et al. 2014) absolute minimum flow for the Texas Hornshell, but 9.3 cfs is based on current minimum flow as established by water withdrawers in the area. However, the Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. C. Zone C - Ephemeral Drainages to the Black and Delaware rivers, including Owl Draw: 1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. In the event of any inconsistencies between the Conservation Measures described above and those described in the CCACCAA, the terms of the CCA CCAA controls.