WSP11754

• File Number: 8141
• Description: Fryingpan-Arkansas Project
• State: CO
• Basin: Arkansas
• Water Division: 5
• Date: 1/21/1965
• Author: SEWCD
• Title: Brochure No. 3 - Contracts Between The United States And The Southeastern Colorado Water Conservacy District
• Water Supply Pro - Doc Type: Publication

Reservoir Spills

13. It is understood that whenever it is required
to evacuate space in east slope project reservoirs to
meet the necessities of project flood control and
power gene rot ion purposes, the water to be so
evacuated and spilled from Pueblo Reservoir shall be
charged first against any winter storage accumula-
tions and then against any project water accumulated
from the Arkansas River and its tributaries.

United States Not Liable for Water Shortage

14. (a) The United States and the District ac.
knowledge that whereas the feasibility of the pro-
ject is dependent upon the coordinated use of project
works and the project water supply for irrigation,
municipal and power production purposes, the de-
pendence of this feasibility upon power revenues in
the return of reimbursable project costs requires 0
continuing reserve of project water in project reser-
voirs to assure continued optimum power production.
This reserve of stored water is estimated to be
135,000 acre-feet, but the continuing quantity of such
reserve shoJI be determined by the Secretary, after
consultation with the District, Thus, there may occur
during any year a shortage in the quantity of project
water available for furnishing to the District, notwith-
standing the existence of project water in the reserve
maintained for power production. Notwithstanding
any shortage in the availability of proiect water for
irrigation purposes, the District's annual obligation to
the United Stotes under Subsection 11 (a) (1) shall not
be diminished.

(b) The United States assumes no responsibility
with respect to and does not warrant the quality of
water to be furnished pursuant to this contract.

Limitation on Transmountain Diversion of Water

15. The project shall be operated under the di-
rection of the Secretary in accordance with the op'
erating principles set out in House Document 130,
87th Congress, and amendments thereto, and the use
of water diverted from the Fryingpan River and its
tributaries and from Hunter Creek - 0 part of the
Colorado River System - to the Arkansas River Basin
through proiect works and the operation and main-
tenance of such works shall be subiect to and con-
trolled by the Colorado River Compact, the Upper
Colorado River Basin Compact, the Boulder Canyon
Pr'1iecl il.ct (45 Stat. 1057), the Boulder Canyon Pro.
jed Adjustment Act (54 Stat. 774), the Colorodo River
Storage Project Act (70 Stat. 105) and the Mexican
Water Treaty (Treaty Series 994, 59 Stat, 1219). None
of the waters exported from the basins of the Fry-
ingpan River and Hunter Creek shall be available

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for consumptive use outside the State of Colorado by
exchange or otherwise, nor shall the obligations of
the State of Colorado under the provisions of the
Arkansas River Compact (63 Stat. 145) be altered by
any operations of the Fryingpan-Arkansas Project.

Agreed Charges a General Obligation of the District

16. The District as a whole is obligated to pay
to the United States the chCJrges becoming due as
provided in Article 11 (a) (1) of this contract, notwith-
standing the default in the payment to the District
by individual water users of assessments, tolls, or
other charges levied by the District.

Levy of Assessments, Tolls and Charges

17. The District sholl cause to be levied and
collected all necessary taxes, assessments, tolls, and
other charges, and will use all of the authority and
resources of the District to meet the obligations of
the District to make in full all payments to be made
pursuant to this contract on or before the date such
payments become due and to meet its other obliga.
tions under lhis contract,

Penalty for Delinquent Payments

18. Every installment or charge required to be
paid to the United States under this contract and
which ihall remain unpaid after it shall have become
due and payable, shall be subiect to a penalty of one-
half of one per cent per month from the date of
delinquency.

Refusal of Water in Case of Default

19. No water shall be furnished to the Distric:
during any period in which the District may be in
arrears in the advance payment of charges accruing
under this contract. No water shall be furnished by
the District pursuant to this contract for lands or
parties which are in arrears in the payment to the
District of any taxes, assessments, rates, tolls, or
rental charges levied or established by the District.

Water Acquired by District

Other Than from the United States
23, (0) The provisions of this contract shall not
be applicable to or affect water or water rights now
owned or hereafter acquired by the District or land-
owners within the District other than from the United
States; except for winter storoge as hereinbefore de-
fined, Wafer furnished pursuant to the terms of this
contract may be transported by means of the same
distribution facilities as water now available or which

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