45-2623

45-2623. Satisfaction of southside
replenishment obligations

A. The authority shall satisfy the southside replenishment obligations for a
particular year no later than June 1 of the third calendar year following that year,
except that the authority shall satisfy the irrigation replenishment obligations
described in section 45-2622, subsection B, paragraphs 5 and 6 for a particular year no
later than June 1 of the fifth calendar year after that year.

B. A southside replenishment obligation for a year is satisfied when the authority
performs one or more of the replenishment activities described in subsection C of this
section in an amount equal to the replenishment obligation.

C. The authority shall satisfy a southside replenishment obligation for a year by
performing one or more of the following replenishment activities, as applicable:

1. For any replenishment obligation, the authority may deliver water acquired by
the authority under chapter 14 of this title to the community for direct use or for
underground storage and recovery within the reservation. The authority shall not deliver
water to the community under this paragraph unless the community agrees in writing to
accept the water and specifies in writing the locations, times and quantities of the
deliveries.

2. For a replenishment obligation applicable to the western municipal and
industrial protection zone or the western municipal protection zone, the authority may
extinguish long-term storage credits earned or acquired by the authority under chapter
3.1 of this title, as authorized by chapter 14 of this title, and to which both of the
following apply:

(a) The credits were earned within five years before the date the credits are
extinguished.

(b) The credits were earned for the storage of water in the western municipal and
industrial protection zone or the western municipal protection zone.

3. For a replenishment obligation applicable to the eastern protection zone north
or the eastern protection zone south, the authority may extinguish long-term storage
credits earned or acquired by the authority under chapter 3.1 of this title, as
authorized under chapter 14 of this title, and to which both of the following apply:

(a) The credits were earned within seven years before the date the credits are
extinguished.

(b) The credits were earned for the storage of water in the eastern protection zone
north or the eastern protection zone south.

4. For any replenishment obligation, the authority may debit the community's
account in the southside replenishment bank established under section 45-2624 in an
amount not to exceed the amount of water in the account.

D. The authority shall maintain in its records an account of the replenishment
activities performed by the authority to satisfy a southside replenishment obligation.
Any water delivered to the community under subsection C, paragraph 1 of this section, any
long-term storage credits extinguished under subsection C, paragraphs 2 and 3 of this
section and any debits registered to the southside replenishment bank under subsection C,
paragraph 4 of this section shall be applied toward the satisfaction of a replenishment
obligation on an acre-foot per acre-foot basis.

E. After the authority performs a replenishment activity under subsection C of this
section, the authority shall notify the community that the replenishment activity has
been performed and identify the replenishment obligation for which the activity was
performed.