DUBLIN SAN RAMON SERVICES WASTEWATER DISPOSAL (13-1172C)

Revival Project and for a period of five (5) years thereafter, District shall not inject in the Main Basin more than one (1) mgd of demineralized water therefrom, calculated on an annual average basis for each of said years. From and after the expiration of said five -year period, District may increase its rate of injection as District shall determine, subject to compliance with all regulatory requirements; provided, that during said initial five -year period, the demineralized water injected by District's Clean Water Revival Project shall not have been in significant violation of pertinent permit or other water quality requirements of RWQCB or DOHS, or either of them; provided, further, that if District shall have corrected the violation or violations, the aforesaid limitation upon the increase in the rate of injection of demineralized water by District's Clean Water Revival Project shall not be effective. Without limitation upon the foregoing, District shall reduce the injection of demineralized water by District's Clean Water Revival Project, or dispose of said water through LAVWMA's facilities, if the water is in violation of water quality requirements of RWQCB or DOHS, or both of them. Such reduction or disposal through LAVWMA's facilities shall be required only if doing so will achieve the result of reducing or eliminating such water quality violations. (b) Allocation of Disposal Capacity Rights. Recycled Water Rights. and Recycling credits. Until such time as the expansion component of LAVWMA's Expansion Project becomes operational, all Disposal Capacity Rights and, if any, Recycled Water Rights and Recycling credits (and corresponding Disposal Capacity Rights) accruing from District's Clean Water Revival Project shall be allocated exclusively to District; provided that unless and until City decides not to participate in the Clean Water Revival Project, the economic benefits from the Recycled Water Rights, if any, shall accrue to the Regional Fund. Except as provided in Paragraph 4(c) below, District shall not allocate or expend any of the net revenues from the uniform regional connection or service fees imposed pursuant to Paragraphs 10(a) and 10(b), respectively, of the Basic Agreement attributable to City's sewerage service area for District's Clean Water Revival Project unless and until City decides to participate in that Project. City shall have the option of participating in District's Clean Water Revival Project from and after the Effective Date hereof and (i) until the expansion component of LAVWMA's Expansion Project becomes operational or (ii) Agmt -t 0b 6 8/27/97