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Item 10 <br />Attachment # 2 <br />Page 3 of 1 I <br />WHEREAS, the purpose of this Contract is to implement the portions of the <br />Conservation Program as herein described and set forth in the HCP; and <br />WHEREAS, under Section 1.11(d)(2) of the EAA Act, the EAA has the EAA to enter <br />into contracts; and <br />WHEREAS, it is in the public interest that the EAA and Transferor implement the <br />Conservation Program by entering into this Contract. <br />WHEREAS, the EAA is authorized by Section 1.22 of the EAA Act to administer a <br />groundwater trust (the "Groundwater Trust ") for certain purposes; <br />WHEREAS, the EAA has implemented said Section 1.22 at Subchapter N of its rules <br />and established a Groundwater Trust; and <br />WHEREAS, Transferor desires to transfer into the Groundwater Trust 300 AF /yr of <br />Permit No. P100 -828 as set out in Paragraph 4.0(a). an initial commitment of groundwater to the <br />Conservation Program under the terms and conditions of this Contract; and <br />WHEREAS, this Contract is entered into by the parties in order to achieve the initial <br />objectives of the Conservation Program as set forth in Section 5.1.3.3 of the HCP; and <br />WHEREAS, it is in the public interest that the EAA authorize and accept this transfer <br />into the Groundwater Trust. <br />NOW THEREFORE, for the mutual consideration expressed in this Contract, the <br />Parties agree as follows: <br />1.0 Definitions <br />As used in this Contract, the following terms shall have the following meanings: <br />1.1 "Board" means the Board of Directors of the EAA. <br />1.2 "Conserved Water" means the amount of Permitted Edwards Groundwater <br />Rights, or groundwater from Exempt Wells, that has been physically reserved in the Aquifer <br />during a calendar year for springflow protection as a result of the implementation of conservation <br />services, techniques, or measures identified in Section 5.1.3.2 of the HCP as part of the <br />Conservation Program as determined by order of the Board after consultation with the Regional <br />Conservation Monitoring Committee. <br />1.3 "Edwards Aquifer" or "Edwards" or "Aquifer" means the Southern (or San <br />Antonio) Segment of the Edwards Aquifer as defined in Section 1.09(1) of the EAA Act within <br />the boundaries of the EAA. <br />3of11 <br />1 1212. 03001/ MHED/ MISC -2/ 1154963v. 9 Item 10 <br />