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200900297 6. If the calculated amount of the net annual flow depletion is 25 acre-feet or less, the conservation measure which allows for debiting a calculated depletion fee (at no cost to the Grantee) from a special account that has been established with the National Fish and Wildlife Foundation, must be considered and may be utilized. 7. If the amount of the net annual flow depletion is calculated to be greater than 25 acre-feet per year, on an average annual basis during the months of February through July, further prompt consultation with the Service must occur in order to comply with other reasonable means to either avoid or offset the adverse impacts of the portions of the flood control project on or within the former CHAAP on listed endangered species and critical habitat. 8. Consultation must occur with the Service and the state fish and wildlife agency to ensure that the future use ofthe Property is in compliance with all applicable environmental laws and regulations, including the substantive environmental and natural resource provisions of Executive Orders 11988 and 11990. The U.S. Fish and Wildlife Service shall have the right to enforce each of the above requirements against the Grantee, its successors and assigns, in any court of competent jurisdiction, in the event the Grantee, its successors and assigns, fail to perform anyone or more of them. V. GENERAL EXCEPTIONS TO CONVEYANCE This conveyance is expressly made subject to the following matters to the extent and only to the extent the same are valid and affect the Property: a. All existing permits, easements and rights-of-way for public streets, roads and highways, public utilities, electric power lines, electric transmission facilities, recreational trails, railroads, pipelines, ditches and canals on, over and across said land, whether or not of record, including but not limited to the following: ~' 1. Perpetual Easement No. DACA45-2-00-6023 granted to Hall County for road rights-of-way. 2. Perpetual Easement No. DACA45-2-01-6078 granted to the City of Grand Island for recreation trail rights-of-way. Grantee is not permitted to disturb the area lying within the recreation trail easement. b. Any zoning laws, ordinances, or regulations governing the subject Property or regulations of other regulatory authorities having jurisdiction. 6