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<br />Heavener v020107 <br /> <br />if necessary, to establish or defend, any and all water rights needed for <br />utilization of the storage provided under this agreement. The Government <br />shall not be responsible for diversions by others, nor will it become a party <br />to any controversies involving the use of the storage space by the Authority <br />except as such controversies may affect the operations of the Project by the <br />Government. <br /> <br />ARTICLE 3 - Operation and Maintenance. The Government shall operate and <br />maintain the Project and the Authority shall pay to the Government a share of <br />the costs of such operation and maintenance as provided in Article 5c. The <br />Authority shall be responsible for operation and maintenance of all <br />installations and facilities which it may construct for the diversion or <br />withdrawal of water, and shall bear all costs of construction, operation and <br />maintenance of such installations and facilities. <br /> <br />ARTICLE 4 - Measurement of Withdrawals and Releases. The Authority agrees to <br />furnish and install, without cost to the Government, suitable meters or <br />measuring devices satisfactory to the District Engineer for the measurement of <br />water which is withdrawn from the Project by any means other than through the <br />Project outlet works. The Authority shall furnish to the Government monthly <br />statements of all such withdrawals. Prior to the construction of any <br />facilities for withdrawal of water from the Project, the Authority will obtain <br />the District Engineer's approval of the design, location and installation of <br />the facilities including the meters or measuring devices. Such devices shall <br />be available for inspection by Government representatives at all reasonable <br />times. Releases from the water supply storage space through the Project outlet <br />works shall be made in accordance with written schedules furnished by the <br />Authority and approved by the District Engineer and shall be subject to <br />Article 1c. The measure of all such releases shall be by means of a rating <br />curve of the outlet works, or by such other suitable means as may be agreed <br />upon prior to use of the water supply storage space. <br /> <br />ARTICLE 5 - Payments. <br /> <br />a. First Cost of Storage. <br /> <br />(1) The Authority shall repay to the Government, at the times as <br />hereinafter specified, the amount stated in paragraph (2) below which, as <br />shown in Exhibit B attached to and made a part of this agreement, constitutes <br />the entire actual amount of the first cost allocated to the water storage <br />right acquired by the Authority under this agreement. Such cost is based on <br />Total Project First Cost utilizing the Use-of-Faci1ities method of cost <br />allocation. <br /> <br />(2) The cost allocated to the storage space indicated in Article 1b(1) <br />is $46,562.12, less credit for payments made by the Authority under Article 5a <br />of the 1963 Agreement (see Exhibits B-II and B-III). Payments shall be made <br />in eight equal consecutive annual installments as shown in Exhibit C attached <br />to and made part of this agreement. In determining the amounts of the eight <br />annual installments, the interest on the unpaid balance shall be calculated at <br />a rate of 2.5 percent, which was the interest rate in effect at the time the <br />1963 Agreement was approved. Annual installments will be due and payable by <br />March 1st of each year, the first due and payable by March 1, 2007. The last <br />annual installment shall be adjusted upward or downward to assure repayment of <br />all first costs allocated to the water storage right acquired by the Authority <br />under this agreement. <br /> <br />b. <br /> <br />Repair, Rehabilitation, and Replacement (RR&R) Costs. <br /> <br />The Authority <br /> <br />3 <br />