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<br />Heavener v020107 <br /> <br />WATER STORAGE AGREEMENT <br />BETWEEN THE UNITED STATES OF AMERICA <br />AND <br />THE HEAVENER UTILITIES AUTHORITY <br />FOR <br />REALLOCATED WATER STORAGE SPACE IN WISTER LAKE, OKLAHOMA <br /> <br />THIS AGREEMENT, entered into this day of , 20 <br />between the UNITED STATES OF AMERICA (hereinafter called the "Government") <br />represented by the District Engineer executing this agreement, and THE <br />HEAVENER UTILITIES AUTHORITY, Oklahoma (hereinafter called the "Authority"); <br /> <br />WITNESSETH THAT: <br /> <br />WHEREAS, the Flood Control Act approved June 28, 1938 (Public Law 761, <br />75th Congress, 3d Session), authorized the construction, operation, and <br />maintenance of the Wister Dam and Reservoir on the Poteau River, Oklahoma <br />(hereinafter called the "Project"); <br /> <br />WHEREAS, the Authority, established under the laws of the State of <br />Oklahoma, is a municipal utilities trust for the City of Heavener, Oklahoma, <br />with its principal office in the City of Heavener, Le Flore County, Oklahoma; <br /> <br />WHEREAS, the Authority entered into Agreement No. DA-34-066-CIVENG-63- <br />1711 with the Government on February 26, 1963 (hereinafter called the "1963 <br />Agreement"), for the use of storage added to the Project under the Chief of <br />Engineers discretionary authority and for payment of the costs thereof in <br />accordance with the provisions of the Water Supply Act of 1958, as amended (43 <br />U.S.C. 390b-f); <br /> <br />WHEREAS, Article 6 of the 1963 Agreement set the contract period at 50 <br />years from the due date of the first payment by the Authority; <br /> <br />WHEREAS, the Authority has requested that the 1963 Agreement be replaced <br />by a permanent storage agreement so that the Authority may secure financing <br />for new water treatment facilities and infrastructure from the Rural Utilities <br />Service, U.S. Department of Agriculture; and <br /> <br />WHEREAS, the Authority as shown in Exhibit "A" attached to and made a <br />part of this agreement, is empowered to enter into an agreement with the <br />Government and is vested with all necessary powers of accomplishment of the <br />purposes of this agreement. <br /> <br />NOW, THEREFORE, the Government and the Authority agree as follows: <br /> <br />ARTICLE 1 - Water Storage Space. <br /> <br />a. Project Modification. The Government, subject to the directions of <br />Federal law and any limitations imposed thereby, has modified the Project so <br />as to include therein space for the storage of water by the Authority. <br /> <br />b. Rights of Authority. <br /> <br />(1) The Authority shall have the right to utilize an undivided 3.793 <br />percent (estimated to contain 1,766 acre-feet after adjustment for sediment <br />deposits) of the usable conservation storage space in the Project (see column <br />(5) of Exhibit BI attached to and made part of this agreement) between <br /> <br />1 <br />