MOA Between Members of Fountain Valley Authority on Reoperation Storage

• Description: Pueblo and Torquoise Reservoirs
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 9/10/2001
• Author: Foundation Valley Authority, City of Fountain, Security Water District, Widefield Water and Sanitation District, Stratmoor Hills Water District
• Title: MOA Between Members of Fountain Valley Authority on Reoperation Storage
• Water Supply Pro - Doc Type: Contract/Agreement

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11. Upon proper exercise of the option herein provided and payment of the costs required,
SWD and/or WWCD will be considered a FVA Reoperations Participant for purposes of this
Agreement, with the same rights and obligations as other FVA Reoperations Participants as
though an original signatory of the Reoperations MOA. This shall include the obligation to
timely make all future payments due under the Reoperations MOA.
12. Each FVA Reoperations Participant shall have the right to assign, in part or in whole, on
a temporary or permanent basis, its rights and obligations under the Reoperations MOA to any
other member of FVA; provided, however, that Colorado Springs shall retain a minimum of
5,000 a.f. for assignment to SWD and WWSD through the date of the "option deadline." The
assignee shall assume, upon such assignment, all rights and obligations under the Reoperations
MOA and this MOA. The assignor shall• provide the Enterprise with at least fifteen (15) days
advance notice of such assignment. Each FVA Reoperations Participant shall request that the
United States include, in any Reoperation Contract, a provision allowing the assignment of such
rights and obligations.
13. To the extent that the full 31,500 a.f. of reoperations space is not available under
Reoperation Contracts, the FVA Reoperations Participants, including SWD and WWCD should
they exercise their options, agree to a pro rata reduction in their storage space requirements based
upon the ratio of their requested amount as a percentage of the intended 31,500 a.f. total.
14. FVA and the individual members of FVA acknowledge that SHWD, having examined its
water needs and supplies, has decided that it does not have a need to participate through the FVA
or individually in the Reoperations storage space.
15. Subject to the provisions of any Reoperations Contract with the United States and the
operating principles for the Fry-Ark Project, each FVA Reoperations Participant shall have the
right to trade, sell or lease to another entity, in part or whole, on a permanent or temporary basis,
such reoperations space as it may acquire under contract with the United States. The party
acquiring such an interest shall agree to meet those obligations existing under the Reoperations
MOA and the Reoperations Contract with the United States.
16. The FVA Reoperations Participants agree that the Fry -Ark operating principles and
allocation principles, including spill priorities, shall govern the use of reoperations storage. To
the extent not used or spilled, and subject to the provisions of any Reoperations Contract with the
United States, each FVA Reoperations Participant shall be allowed to carry over water stored in
its reoperations space from year to year.
17. Each member of FVA agrees to cooperate in requesting that the United States, in any
Reoperations Contract for FVA Reoperations Participants, allow such participant to determine,
on an annual basis on a date certain, the amount of reoperations space desired for the upcoming
year, with annual payment obligations based upon such annual use of the space..
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