MOA Between Members of Fountain Valley Authority on Reoperation Storage

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• • • • FVA REOPERATIONS MOA. • • FVA and such Member Participant have fully satisfied their entire obligations for • • their shares of all implementation and development costs pursuant to 11 IV.A.2 • and 3 and V.A hereof, the party making such election shall have no further • obligation under this MOA. • a. The FVA Participants intend that any such Reoperation Contract shall provide for storage of non - Project water at rates established by the United States, after consultation with the District, Enterprise and Implementation Committee, and agree that such rates must be sufficient to assure that Reoperation Storage will not result in any adverse impacts to the financing, repayment, operation, maintenance and replacement of the Fryingpan- Arkansas Project. b. Each FVA Participant commits that if it executes a Reoperation • Contract it will, in executing such contract, agree to pay surcharges on Reoperation Storage (the "WWSC ") in the amount set by the Enterprise's Board of Directors in its good faith • discretion, for the purpose of mitigating effects of Reoperation on the Winter 'Water Storage Program by providing a credit toward purchase of Project Water when Winter Water is spilled, as set forth in the PSOP Report and Implementation Committee Report. • •Such WWSC Surcharges will be assessed in addition to the Enterprise's surcharges on sales of Project Water, sales of return • flows from Project Water, Winter Water Storage, storage under temporary contracts in the Fry-Ark Reservoirs, and on carryover • • storage of water (both Project Water and non - Project water) in the Fry-Ark Reservoirs, which surcharges are in addition to the contractual rates for water and/or storage service paid to the • , District or the United States, and are set from time to time by the • • Enterprise's Board of Directors in its good faith discretion. • • 8. Each FVA Participant shall bear its own costs for any efforts necessary to • • secure its own Reoperation Contract, beyond the scope of the joint effort financed by and through the Enterprise as provided in this MOA, and shall be responsible for compliance with all terms and conditions imposed by • the United States in such Reoperation Contract. 9. Each FVA Participant makes the following commitments, with the expectation that these. commitments will be reflected in any Reoperation Contract entered into by the FVA or a Member Participant: