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<br />001982 <br /> <br />WHEREAS, the United States pursuant to the provisions of the Water Conservation and <br />Utilization Act of August 11, 1939 (53 Stat. 1418) as amended by the Act of December 19, 2000 <br />(public Law 106-549, 114 Stat. 2743), and in consultation with the District, has determined that <br />there is capacity available in said facilities in excess of project requirements, and such carriage is <br />not incompatible with the use and purpose for which said facilities were constructed, and; <br />WHEREAS, prior to the carriage of water under this contract, the Contractor has taken <br />steps necessary, pursuant to Colorado law, to obtain approval of the diversieD of the water rights <br />at the point on the West Fork of the Mancos River where water isdiV~rt:ed into the Mancos Inlet <br />Canal. <br /> <br />NOW, THEREFORE, in consideration of tl)emutual and dependent stipulations and <br />covenants herein contained, it is agreed as follows: <br /> <br />DIVERSION. CARRtAGE AND DELIVERY OF WATER <br />1. Beginning with the 2002 irrigation seasonand each year thereafter as long as this <br />contract is in effect, the District agrees to divert, carry, anddeliver'1:hrough the Mancos Project <br />facilities, the Contractor'spriva:te~,non-project irrigation water described herein as follows: <br />(a) Duong the irrig#tion season, water not to exceed X.XX cfs of river priority <br />#X water, with the exactl'atyand t:irile., of usage to be determined jointly by the District and the <br />State of Colora~o'Diytsion #7 Engineer (State)~Project water deliveries will receive priority <br />should aJack of carriage,<;~~acityoccqr,repardless of the reason. <br />.. . ,. (b) All water,so diverfedshall be measured at the point of diversion from the <br />Mancos River:a.tld carried thr~#gh Pr~ject facilities to a point on the Mancos Outlet Canal where <br />the XXXXX tumQutcurrentlfexists. The Contractor, at its sole cost and expense, will provide <br />facilities to convey the water from such point to the place of use. The Contractor agrees to bear a <br />pro-rata share of all cQnveyance and evaporation losses from the diversion point to the point of <br />delivery. <br /> <br />(c) The right granted herein shall be subject to the provisions of applicable <br />Federal laws, rules, and regulations. <br /> <br />31 <br />