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<br />when San Marcos River flows are at or below 100 CFS at the closest USGS gauging <br />station above the City's wastewater discharge point on the river. <br /> <br />C. Section 2.04 is amended in its entirety as follows (underlining indicates added text <br />and overstriking indicates deleted text): <br /> <br />2.04. Use of Wastewater Line. Hays Energy will permit the City to make <br />connections to the Wastewater Line for use by other City customers provided that the <br />City agrees to reserve 900,000 500,000 gallons per day of capacity in the Wastewater <br />Line (at a rate of 37,50020,833.33 gallons per hour) for use by Hays Energy. In order to <br />protect the right of Hays Energy to this reserved capacity, the City agrees to verify that <br />sufficient capacity remains in the Wastewater Line to serve a request to connect to the <br />line by a third party or such third party's usage of the Wastewater Line, while preserving <br />Hays Energy's reserved capacity, before approving the request or usage ("Request"). To <br />the extent that any such Request by a third party would conflict with Hays Energy's <br />reserved capacity, the City agrees to deny the Request. The City may provide alternative <br />means for wastewater service for persons whose wastewater service requests are denied <br />under this paragraph. <br /> <br />3. Miscellaneous Provisions. <br /> <br />A. Any references in the Wastewater Agreement to the "Contract" shall be interpreted to <br />include this Second Amendment. <br /> <br />B. This Amendment will be governed by the laws of the State of Texas. <br /> <br />c. Except as amended herein, all terms and conditions of the Wastewater Agreement <br />shall remain in full force and effect. <br /> <br />(signature page follows) <br /> <br />3 <br />