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V. Physical Solution - Carry-over, Excess Production and Drought Carry-over.
- Carry-over. In order to add flexibility to the operation of this Judgment and to assist in a physical solution to meet the water requirements in the West Basin, each of the parties to this action who is adjudged in Paragraph III hereof to have an Adjudicated Right and who, during a water year, does not extract from the Basin all of such party's Adjudicated Right, is permitted to carry over from such water year the right to extract from the Basin in the next succeeding water year an amount of water equivalent to the excess of his Adjudicated Right over his extraction during said water year not to exceed, however, 10% of such party's Adjudicated Right or two acre-feet, whichever is the larger.
- Excess Production. In order to meet possible emergencies, each of the parties to this action who is adjudged in paragraph III hereof to have an Adjudicated Right is permitted to extract from the Basin in any water year for beneficial use an amount in excess of each such party's Adjudicated Right not to exceed 2 acre-feet or ten per cent (10%) of such party's Adjudicated Rights, whichever is the larger, and in addition thereto, such greater amount as may be approved by the Court.
If such greater amount is recommended by the Watermaster, such order of Court may be made ex parte.
Each such party so extracting water in excess of his Adjudicated Rights shall be required to reduce his extractions below his Adjudicated Rights by an equivalent amount in the water year next following.
Such requirement shall be subject to the proviso that in the event the Court determines that such reduction will impose upon such a party, or others relying for water service upon such party, an unreasonable hardship, the Court may grant an extension of time within which such party may be required to reduce his extractions by the amount of the excess theretofore extracted by such party.
If such extension of time is recommended by the Watermaster, such order of Court may be granted ex parte.
- Drought Carry-over. By reason of this Court's Orders dated June 2, 1977, and September 29, 1977, for the water years 1976-77 and 1977-78 any party herein (including any successor in interest) can "carry-over" until utilized, any Adjudicated Right (including any authorized carry-over rights from prior years) unexercised during said water years.
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