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J' '' 99 1.07735 3 property, which well is hereinafter referred to as "City's irrigation well" . In consideration of Luehr's withdrawal, from DWR, of their objection to City's Applications and upon Luehr' s submission to City of verifiable proof, using standard principles of hydrology and geohydrology generally accepted and applied by qualified hydrologists or geohydrologists, that the operation by City of its irrigation well for the purposes of augmenting the flow in the Platte River has had an actual, material and disproportionate adverse effect on the usage of the Luehr wells, or their replacements, as defined in Neb. Rev. Stat. §46-602 (3 ) ( 1998 Reissue) , for irrigation, stock water, or domestic purposes, including any reduction in the amount of withdrawal, rate of withdrawal and time of withdrawal, City agrees to reduce its demand on its irrigation well during the time periods when the operation of the irrigation well for the purposes of augmenting the flow in the Platte River has been determined to have an actual, material and disproportionate adverse impact on the Luehr wells . Actual material and disproportionate adverse effect shall mean any effect which is not proportionate to the sharing, in times of shortage, of groundwater between the Luehrs wells and the City's municipal water supply wells under Nebraska's correlative rights doctrine. The reduction of demand by City shall be made until the impact has been reduced to the level which reflects Luehr's and City's proportionate share of the shortage as follows : by ceasing the application of ground water to any crops growing on any land owned by City. 5 . Modern Farmina Practices Restriction. The City shall not adopt controls pursuant to the Wellhead Protection Act, Neb. Rev. Stat. §46-1501-1509 ( 1988 Reissue) or Neb. Rev. Stat. §17-536 ( 1997 Reissue) or any other applicable statute concerning water controls, wellhead protection or the like, unless required by State or Federal law, rule, regulation or order, or unless required by prudent industrial and municipal water supply management standards, practices and procedures. In the event that a State or Federal law, rule, regulation o� order requires or in the event an industrial or municipal water supply standard, practice or best management practice requires City to restrict, solely because of Luehrs ' wells proximity to City's municipal well field, any farming practices on the Luehr property resulting in actual economic loss to the Luehrs, City shall enforce the restrictions on the Luehr property only after the exercise of the power of eminent domain. Water and farming practices shall include the raising of livestock and the application of fertilizer, herbicides, pesticides and chemigation if best management practices are utilized. Provided, however, nothing in this paragraph is or should be construed to be the waiver, disclaimer or release of any rights of City to protect its municipal water supply from any contamination of any kind whatsoever or the City's authority and power to provide safe quality water for its water supply customers .