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(f) As the amount of the Trust Portion of the Permit is released from the Groundwater <br />Trust pursuant to Section 9.0, and upon the full and final termination of this Contract as set forth <br />in Section 2.2(d), the released portions of the Trust Portion of the Permit shall be returned to <br />Transferor by the EAA free from the provisions of this Contract and the Groundwater Trust. <br />(g) Upon termination of this Contract for any reason, the EAA shall within sixty (60) <br />days of termination take any and all action necessary to administratively transfer and return the <br />Trust Portion of the Permit from the Groundwater Trust to full use, possession, and control of the <br />Transferor. This section and Section 2.2(a) and (b) shall survive termination of this Contract. <br />(h) The EAA shall make all reasonable efforts to ensure the timely attainment of the <br />Conservation Program goals described in Section 5.1.3 of the HCP. Should the EAA not attain <br />these goals for any reason in the timeframe described in Section 2. 1, then, after consultation with <br />the Committee and receiving its recommendation on Program adjustments with the expected <br />results, the Transferor, in good faith, may undertake discussion to consider reasonable efforts to <br />modify the Conservation Program through the Adaptive Management Process, including <br />measures for which modification to this Contract may be necessary. <br />9.0 Release of Rights Held in Trust <br />(a) Transferor shall be entitled to release and return of the Trust Portion of the Permit <br />from the Groundwater Trust and from the operation of this Contract as provided in this section. <br />(b) Releases of Conserved Water, if any, shall be made annually in April of each year <br />during the term of this Contract. No later than March 1St of each year during the term of this <br />Contract, the Committee shall report to the Implementing Committee the amount of Conserved <br />Water reserved in the Aquifer during the previous calendar year and recommend the amount of <br />the Trust Portion of the Permit that is subject to release. In making its recommendations to the <br />Implementing Committee, the Committee shall consider only the amount of Conserved Water <br />that has been reserved in the Aquifer during the previous calendar year, irrespective of whether <br />the project is a single -year or multi -year project. In the case of multi -year projects, the total <br />amount of Permitted Edwards Groundwater Rights, or groundwater from Exempt Wells, that is <br />expected to be conserved over the life of the project, may be recognized as Conserved Water <br />only on an incremental cumulative basis for each year of implementation of the project. The <br />Implementing Committee will report its recommendations to the Board for consideration and <br />final action. <br />(c) If Transferor and/or other Non - Contributing Participants have Conserved Water that <br />has been determined to have been conserved in the previous calendar year, Transferor shall be <br />entitled to a release of the Trust Portion of the Permit calculated as follows: <br />(Paragraph 4.0(a) initial commitment - previous releases to the <br />Transferor) /(10,000 - previous releases to all Transferors) x 50% of the <br />amount of Conserved Water conserved in the previous calendar year by the <br />Transferor and/or Non - Contributing Participants. <br />
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