MOA of Southeastern Colorado Water Activity Enterprise and Reoperation Storage Participant

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REOPERATIONS MOA WEST OF PUEBLO 1. During the implementation phase (prior to execution of the Reoperation Contracts), Participant shall make payments to the Enterprise on a quarterly basis in an amount based on Participant's share (as defined in ¶ N.A.3 above) of the estimated costs of work to be performed by Reclamation and the Enterprise in the upcoming quarter. 2. Participant shall be credited for any advance payments made but not expended in the previous quarter, and shall be charged for its share of any expenditures in excess of advance payments in the previous quarter. 3. In addition, as described in the Implementation Committee Report, Participant shall make payments to the Enterprise prior to execution of a Reoperation Contract for: a. Participant's share of up -front funding of the Winter Water Spill Credit as provided in the PSOP Report and the Implementation Committee Report, consisting of a total of $120,000 to be paid by the Reoperation Participants in quarterly installments during 2003 and 2004; and b. Participant's payments for participation in the long -term water quality monitoring program, beginning in January 2002, pursuant to joint funding agreement between. the Enterprise and the USGS. 4. Payments are due and payable within 30 days upon receipt of the request for payment from the Enterprise. If Participant requests to defer 2001 reimbursement payments pursuant to Section N.A.3., Participant's full share of the 2001 implementation costs will be billed by the Enterprise in January 2002. B. Surcharges. The surcharges referenced in Paragraph IV.A.7.b (including the Winter Water Spill Credit surcharge, following execution of a Reoperation Contract) shall be due and payable to the Enterprise within 30 days upon receipt of the request for payment from the Enterprise, or as provided in Participant's Reoperation Contract. -10-