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WSP09434
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Last modified
1/26/2010 2:53:37 PM
Creation date
10/12/2006 3:38:29 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
2100
Description
Laws-Acts-Policy Rulings Affecting CWCB and Colorado Water - Federal
State
CO
Basin
Statewide
Date
1/1/1939
Author
Unknown
Title
Analysis of Proposed Repayment Legislation - Reclamation Project Act of 1939
Water Supply Pro - Doc Type
Report/Study
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<br />... <br /> <br />o fJ i12 3 f) <br /> <br />-2- <br /> <br />MODIFICATION OF EXISTING CONTRACTS <br /> <br />Sootion 3 provides for modifio~tian of oxisting contracts with a <br />repayment period of loss than 40 yoars. (Since tho Aot of May 25, 1926, <br />a 4O-year period for ropayment has beon rocognized as proper). Modific~tion <br />is to bo initiatod by an application of a district or water users <br />organization Tfiich dosires a longer dofinito period of repayment of <br />unaccruod balanoos of construction chargos. Undor Soction 3, tho unaccruod <br />balances may be spread in definito fixod amounts over a longer poriod not <br />exceeding tho basic period of 40 years exclusive of the fivo moratoria yoars. <br />In no ovent shall the unexpired part of any such longer period exceed double <br />the number of remaining years in which the unaccrued charges would beceme <br />due and payable under tho existing obligations. <br /> <br />For example, if an existing obligation is to pay construotion charges, <br />ronounting in all to ~100, on the basis of a 20-year period with equal <br />annual installments, tho charges e~ch year aro $5; On the basis of a 40- <br />year period. the chargos eaoh year would bo $2.501 If under tho existing <br />obligation. the un~ccrued charges, including these deferred under <br />moratoria acts. were $25, and if the ramainder of the original repaymont <br />period as extendod by moratoria woro five years. then under Section 3 the <br />longor definite period for payment ef tho t,25 balance could not exceed ten <br />years, Another illustration is: Take a prejeet with a 2O-year contract <br />which has mo.de five annual payments nnd has had five years' moratoria.. <br />The five years for .Vhich payments wore made would be deducted from tho total, <br />loaving 15 payments to bo mado, Doubling those would provide for 30 annual <br />payman ts . <br /> <br />SLIDING SCALE ilEP,'"YIIIENT PIAN <br /> <br />Section 4 provides a comprohensivo alternativo plan for o.nnual <br />va.riatiens of payments of eonstruetien chargos in responso to variations <br />in the water usors' ~bility to p~y, a so-called "norm~l nnd porcentages" <br />or sliding scale plan based on crep returns. Undor a eontract entered into <br />pursuant to Soction 4. tho unaecruod construction charges an the lands te be <br />covered by the new centract weuld be merged in a total and genoral repaymont <br />obligation of tho organization making tho contract, Existing eontracts <br />providing for construction ch~rges would be mergod and the total charges <br />coverod by a new contraot would be arrangod in stallments en a sehedulo <br />determ med by the Secretary of the Intorior to be an equi tab Ie and pr~ctieable <br />conselidation of tho existing obligations. (The annual payments would be <br />varied under the "normal nnd percentagos" plan). Detennimtion of this <br />schedule might involve, in same e~sos, rum appropri~te rearrangement of <br />charges. If. for exronple. a district received a moratoria as to 50 per cent <br />of the 1936 chargos and received similar relief for 1937, the' two doferments <br />might be cembined in tho schodulo established under Sectian 4, mo.king up a <br />full installment for one of the years on tho sehedulo. <br /> <br />coo P RErURN V:l.RLi.TI ONS :J' FECT REP:. YIIffillT S <br /> <br />In detGrmining the schedule of instnlments for unaccruod construction <br />charges payablo under crop return eontracts entered into pursuant to the 50- <br />called Fnct Finders ~ct of 1924, an amount of gross crop returns would be fixed <br />and utilized. Fer exnmplo if $45 wcro tho unaccruod b~lanco per acre under such <br />contract, and if t30 per ncro were fixed as thc gross crop roturns per acre for <br />the purpose of the determine. tion, thon 5% of $30 of :iP1.50 per ~cro would be tho <br />annunl instalment. It would be scheduled ovor n period of 30 years. Each year <br />the instnlment of $1.50 would be increasod or docroasod undor the "normnl and <br />percentages" plan, <br />
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