WSP09425

• File Number: 8131.600
• Description: Southeastern Colorado Water conservancy District - SECWCD
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 1/1/1972
• Title: Brochure No 3 - Contracts Between the United States and the Southeastern Colorado Water Conservancy District -- The Future of the Arkansas Valley is It's Water---
• Water Supply Pro - Doc Type: Report/Study

District notice in writing of the initial delivery dote.
The initial delivery dote snaIl be announced on or be-
fore July 1 of the year preceding the year in which
it shall become effec1ive.

Water to be Furnished to District

6. (a) Commencing with the year in which the
initial delivE!rY dale becomes effective and each year
thereafter, the Secretory shall announce to the Dis-
trict in writing, after consultation with the District's
authorized representatives, bUf on or before March
15 each year, lhe quanli1y of projecl waler eslimoted
to be available for furnishing the District during the
current year. The Secre10ry sholl also notify the Dis-
trict of the estimated quantity of winter storage avail-
able for furnishing to the District during the current
year. Revised estimates of project water availability
sholl be given to the District from time to time as the
actual accumulations of proiect water become known
to the Secretary.

(b) It is understood that municipal users shall
have the first right to contract with the District for
the imported project water available to the District
each year. Whatever part thereof is not preempted
for such use by appropriate contracts wi1h Ihe Dis.
trict and payment therefore to the District on or be-
fore April 1 each year, sholl be available together
with the remainder of the available project water
supply for irrigation uses.

(c) Winter slorage sholl be furnished to the Dis-
trict for delivery to prolect waler users only in ac-
cordance with agreements among the water users
and the District in form acceptable to the United
States. In determining the quantity of winter storage
available to the District at any time, proper account-
ing shall be mode for required spills thereof, os pro.
vided in Article 1,3 hereof, and for transportation and
evaporation losses.

Time for Delivery of Water

7. The District, after consultation with the Sec-
retary, sholl furnish the Secretary in writing a sched-
ule of water delivery requirements for the current
year both as to project water and os to winter stor-
age. Such schedule of deliveries may be revised from
time to time os needs of the District's water users may
require.

Equitable Distribution of Water for Irrigation

8. The District shaH equitably distribute each
year the project water available for irrigation ond
municipal purposes.

6

o
o
N
o
N
N
I
)

Points of Delivery - Measurement Responsibility
for Distribution of Water

9. (a) Water furnished to the District pursuant to
this contract will be delivered at the outlet works of
Pueblo Reservoir and at such other points above Pue-
blo Reservoir as may be agreed upon by the Secretary
and the District.
(b) A'I) water deiivered pursuant to this contract
shall be measured by the United States at the points
of delivery wi1h equipmenl inslolled, operoled, and
maintained by the United States. Upon request of the
District, the accuracy of such measurements will be
investigated by the Secrefory and any errors appear-
ing will be adjusted.
(c) The United States shall nal be responsible
for lhe control, carriage, handling, use, disposal, or
distribution of water which may be furnished at the
points of delivery established pursuant to Section (0)
of tnis odic.\e, nor for c.\OIrf'l of damage of any nature
whatsoever, including, but not limited to, property
damage, personal iniury, or death, arising out of or
connected with the control, carriage, handling, use,
disposal or distribution of such waler beyond such
delivery points: Provided, that the District reserves the
right to the use of all waste, seepage, and return
flow water derived from water furnished to the Dis-
trict by the United States and such reservation of
right to use of such water shall be for the use and
benefit of the District and those claiming by, through,
or under the District.

Use of Water Outside the District

10. Water furnished 10 the District pursuant to
this contract shall not be sold or otherwise disposed
of outside the District, nor shall any water sold by
the District be resold by the District's water users for
any purpose excep1 1hat rnunicipali1ies may, w.itnin
the area served by Ihem, resell project water but not
Ihe return flows thereof.

Payment for Water

11. (a) Commencing with the year for which
the initial delivery date is fixed, the District shall pay
to the United States each year throughout the term of
this contract:
(1) An amount which shoJi be the product of
the total of the ossessed valuation of all taxable
property in ,he Dishict for ,he preceding year,
os fixed by the proper officio Is of the counties
in which the District lies, and .0009,
(2) $5.40 for each acre-foot of project water
delivered to the District, and
(3) A service charge of $2.25 for each acre-
foot of winter storage delivered to the District.

7