CAP subcontract 21-XX-30-W0699 (exhibit A)

1 
 
EXHIBIT A 
Paragraph 8.11 of the Repayment Contract, as amended by Paragraph 4 of the Repayment 
Contract, Amendment No. 2 (Nov. 30, 2007), Contract No. 14-06-W-245  
8.11 
Priority in Case of Shortage.  On or before June 1 of each Year, the Secretary shall 
announce the Available CAP Supply for the following Year in a written notice to the Contractor.  
(a) 
Prior to January 1, 2044, a time of shortage shall exist in any Year in which the 
Available CAP Supply for that Year is insufficient to satisfy all of the entitlements set forth in 
subparagraphs (i) through (iii) below: 
(i) 
Three hundred forty-three thousand seventy-nine (343,079) acre-feet of 
CAP Indian Priority Water; 
(ii) 
Six hundred thirty-eight thousand eight hundred twenty-three (638,823) 
acre- feet of CAP M&I Priority Water; and 
(iii) 
Up to one hundred eighteen (118) acre-feet of CAP M&I Priority Water 
converted from CAP NIA Priority Water under the San Tan Irrigation 
District’s CAP Subcontract. 
 
(b) 
On or after January 1, 2044, a time of shortage shall exist in any Year in which 
the Available CAP Supply for that Year is insufficient to satisfy all of the entitlements as set forth 
in subparagraphs (i) through (iv) below: 
(i)  
Three hundred forty-three thousand seventy-nine (343,079) acre-feet of 
CAP Indian Priority Water; 
(ii)  
Six hundred thirty-eight thousand eight hundred twenty-three (638,823) 
acre- feet of CAP M&I Priority Water;  
(iii) 
Up to forty-seven thousand three hundred three (47,303) acre-feet of 
CAP M&I Priority Water converted from CAP NIA Priority Water pursuant 
to the Hohokam Agreement; and 
(iv) 
Up to one hundred eighteen (118) acre-feet of CAP M&I Priority Water 
converted from CAP NIA Priority Water under the San Tan Irrigation 
District’s CAP Subcontract. 
 
(c) 
Initial distribution of water in time of shortage. 
(i) 
If the Available CAP Supply is equal to or less than eight hundred fifty-
three thousand seventy-nine (853,079) acre-feet, then 36.37518% of the 
Available CAP Supply shall be available for delivery as CAP Indian Priority 
Water and the remainder shall be available for delivery as CAP M&I 
Priority Water.

2 
 
(ii) 
If the Available CAP Supply is greater than eight hundred fifty-three 
thousand seventy-nine (853,079) acre-feet, then the quantity of water 
available for delivery as CAP Indian Priority Water shall be determined in 
accordance with the following equation and the remainder shall be 
available for delivery as CAP M&I Priority Water: 
I={[32,770 ÷ (E - 853,079)] x W} + (343,079 - {[32,770 ÷ (E - 853,079)] x E}) 
 
Where 
 
I=the quantity of water available for delivery as CAP Indian Priority Water 
 
E=the sum of entitlements to CAP Indian Priority Water and CAP M&I Priority Water as 
described in subparagraphs 8.11 (a) or (b), whichever is applicable; and 
 
W=the Available CAP Supply 
Example A. If, before January 1, 2044, the sum of the entitlements to CAP Indian Priority Water 
and CAP M&I Priority Water as described in subparagraph 8.11 (a) is nine hundred eighty-one 
thousand nine hundred two (343,079 + 638,823 + 0) acre-feet, then the quantity of water 
available for delivery as CAP Indian Priority Water would be ninety-three thousand three 
hundred three (93,303) acre-feet plus 25.43800% of the Available CAP Supply. 
Example B. If, after January 1, 2044, the sum of the entitlements to CAP Indian Priority Water 
and CAP M&I Priority Water as described in subparagraph 8.11 (b) is one million twenty-nine 
thousand three hundred twenty-three (1,029,323) acre-feet (343,079 + 638,823 + 47,303 + 
118), then the quantity of water available for delivery as CAP Indian Priority Water would be 
one hundred fifty-one thousand six hundred ninety-one (151,691) acre-feet plus 18.59354% of 
the Available CAP Supply 
 
(d) 
In time of shortage unscheduled CAP Water shall be redistributed as follows: 
(i) 
Any water available for delivery as CAP Indian Priority Water that is not 
scheduled for delivery pursuant to contract, leases or exchange 
agreements for the delivery of CAP Indian Priority Water shall become 
available for delivery as CAP M&I Priority Water. 
(ii) 
CAP M&I Priority Water shall be distributed among those entities with 
contracts for the delivery of CAP M&I Priority Water in a manner 
determined by the Secretary and the CAP Operating Agency in 
consultation with M&I water users to fulfill all delivery requests to the 
greatest extent possible. Any water available for delivery as CAP M&I 
Priority Water that is not scheduled for delivery pursuant to contracts, 
leases or exchange agreements for the delivery of CAP M&I Priority 
Water shall become available for delivery as CAP Indian Priority Water.

3 
 
 
(e) 
Any water remaining after all requests for delivery of CAP Indian Priority Water 
and CAP M&I Priority Water have been satisfied shall become available for delivery as CAP NIA 
Priority Water. 
(f)  
Nothing in this paragraph 8.11 shall be construed to allow or authorize any CAP 
Contractor or CAP Subcontractor to receive, pursuant to such contracts, CAP water in amounts 
greater than such contractor's entitlement. 
(g) 
Any Project water, as defined in Subarticles 5.27(b), (c) and (d) hereof, shall 
retain its priority relative to Project water as defined in Subarticle 5.27(a) hereof.