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VI. Physical Solution - Exchange Pool Provisions.
As a further part of said physical solution herein imposed:
- Mandatory Offer to Exchange Pool. Not less than sixty (60) days prior to the beginning of each water year, each party having supplemental water available to him through then existing facilities, other than water which any such party has the right to extract hereunder, shall file with the Watermaster the offer of such party to release to the Exchange Pool the amount by which such party's Adjudicated Right exceeds one-half of the estimated total required use of water by such party during the ensuing water year, provided that the amount required to be so offered for release shall not exceed the amount such party can replace with supplemental water so available to him.
(a) Basis of Offer to Exchange Pool - Redetermination of Offer by Watermaster. Such estimate of total required use and such mandatory offer shall be made in good faith and shall state the basis on which the offer is made, and shall be subject to review and redetermination by the Watermaster, who may take into consideration the prior use by such party for earlier water years and all other factors indicating the amount of such total required use and the availability of replacement water.
(b) Voluntary Offer to Exchange Pool. Any party filing an offer to release water under the mandatory provisions of this Paragraph VI may also file a voluntary offer to release any part or all of any remaining amount of water which such party has the right under this Judgment to pump or otherwise extract from the Basin, and any party who is not required to file an offer to release water may file a voluntary offer to release any part or all of the amount of water which such party has the right under this Judgment to pump or otherwise extract from the basin. All such voluntary offers shall be made not less than sixty (60) days prior to the beginning of each water year.
- Price of Water Offered to Exchange Pool. Each offer to release water under the foregoing subparagraph [1 (a) and 1 (b)] shall be the price per acre-foot declared and determined at the time of the filing of such offer by the releasing party; provided:
(a) Replacement Cost. That such price per acre-foot shall not exceed the price which the releasing party would have to pay to obtain from others, in equal monthly amounts, through existing facilities, a quantity of supplemental water equal in amount to that offered to be released; or
(b) Maximum Price. If any such releasing party has no existing facilities through which to obtain water from others, such price shall not exceed the sum of the price per acre-foot charged by the Metropolitan Water District of Southern California to West Basin Municipal Water District plus the additional amount per acre-foot charged by the latter to municipalities and public utilities for water received from said Metropolitan Water District.
- Price Dispute -Objection - Watermaster Determination Court Determination. In the event of a dispute as to any price at which is offered for release, any party affected thereby may, within thirty (30) days thereafter, by an objection in writing, refer the matter to the Watermaster for determination. Within thirty (30) days after such objection is filed the Watermaster shall consider said objection and shall make his finding as to the price at which said water should be offered for release and notify all interested parties thereof. Any party in compliance to these Exchange Pool Provisions may file with the Court, within thirty (30) days thereafter, any objection to such finding or determination of the Watermaster and bring the same on for hearing before the Court at such time as the Court may direct, after first having served said objection upon each of the interested parties. The Court may affirm, modify, amend or overrule such finding or determination of the Watermaster. Pending such determination if the water so offered has been allocated, the party making the offer shall be paid the price declared in his offer, subject to appropriate adjustment upon final determination. The costs of such determination shall be apportioned or assessed by the Watermaster in his discretion between or to the parties to such dispute, and the Watermaster shall have the power to require, at any time prior to making such determination, any party or parties to such dispute to deposit with the Watermaster funds sufficient to pay the cost of such determination, subject to final adjustment and review by the Court as provided in this Paragraph.
- Request for Water From Exchange Pool. Not less than sixty (60) days prior to the beginning of each water year any party whose estimated required use of water during the ensuing water year exceeds the sum of the quantity of water which such party has the right under this Judgment to extract from the Basin and the quantity available to him through then existing facilities, may file with the Watermaster a request for the release of water in the amount that his said estimated use exceeds his said available supply. Such request shall be made in good faith and shall state the basis upon which the request is made, and shall be subject to review and redetermination by the Watermaster. Within thirty (30) days thereafter the Watermaster shall advise, in writing, those requesting water of the estimated price thereof. Any party desiring to amend his request by reducing the amount requested may do so after the service of such notice. Prior to the first day of each water year the Watermaster shall determine if sufficient water has been offered to satisfy all requests. If he determines that sufficient water has not been offered he shall reduce such requests pro rata in the proportion that each request bears to the total of all requests. Thereupon, not later than said first day of each water year, he shall advise all parties offering to release water of the quantities to be released by each and accepted in the Exchange Pool and the price at which such water is offered. Simultaneously, he shall advise all parties requesting water of the quantities of released water allocated from the Exchange Pool and to be taken by each requesting party and the price to be paid therefor.
- Allocation of Exchange Pool Water by Watermaster.
In allocating water which has been offered for release to the Exchange Pool under subparagraph 1 hereof, the Watermaster shall first allocate that water required to be offered for release and which is offered at the lowest price pursuant to subparagraph 2 hereof, and progressively thereafter at the next lowest price or prices. If the aggregate quantity of water required to be released is less than the aggregate quantity of all requests for the release of water made pursuant to subparagraph 4 hereof, he shall then allocate water voluntarily offered for release and which is offered at the lowest price and progressively thereafter at the next lowest price or prices, provided that the total allocation of water shall not exceed the aggregate of all such requests.
Any water offered for release under subparagraph 1 hereof and not accepted in the Exchange Pool and not allocated therefrom shall be deemed not to have been offered for release and may be extracted from the Basin by the party offering the same as if such offer had not been made.
Each party requesting the release of water for his use and to whom released water is allocated from the Exchange Pool may thereafter, subject to all of the provisions of this Judgment, extract such allocated amount of water from the Basin, in addition to the amount such party is otherwise entitled to extract hereunder during the water year for which the allocation is made.
- Exchange Pool Water Pumped Before Pumper's Own Right.
From and after the first day of each water year, all water extracted from the Basin by any party requesting the release of water and to whom such water is allocated shall be deemed to have been water so released until the full amount released for use by him shall have been taken, and no such party shall be deemed to have extracted from the Basin any water under his own right so to do until said amount of released water shall have been extracted. Water extracted from the Basin by parties pursuant to their request for the release of water shall be deemed to have been taken by the offerors of such water under their own rights to extract water from the Basin.
- Price and Payment for Water Released for Exchange Pool. All parties allocated water under subparagraph 4 hereof shall pay a uniform price per acre-foot for such water, which price shall be the weighted average of the prices at which all the water allocated was offered for release.
Each party shall pay to the Watermaster, in five equal monthly installments during the applicable water year, an amount equal to the quantity of water allocated to him multiplied by said uniform price.
The Watermaster shall bill each such party monthly for each such installment, the first such billing to be made on or before the first day of the second month of the water year involved, and payment therefor shall be made to the Watermaster within thirty (30) days after the service of each such statement.
If such payment be not made within said thirty (30) days such payment shall be delinquent and a penalty shall be assessed thereon at the rate of 1% per month until paid. Such delinquent payment, including penalty, may be enforced against any party delinquent in payment by execution or by suit commenced by the Watermaster or by any party hereto for the benefit of the Watermaster.
Promptly upon receipt of such payment, the Watermaster shall make payment for the water released and allocated, first, to the party or parties which offered such water at the lowest price, and then through successive higher offered prices up to the total allocated.
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