MOA of Southeastern Colorado Water Activity Enterprise and Reoperation Storage Participant

• Description: Pueblo and Torquoise Reservoirs
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 7/25/2001
• Author: Southeastern Colorado Water Activity Enterprise, Town of Poncha Springs, Poncha Springs Water Activity Enterprise
• Title: MOA of Southeastern Colorado Water Activity Enterprise and Reoperation Storage Participant
• Water Supply Pro - Doc Type: Contract/Agreement

REOPERATIONS MOA
WEST OF PUEBLO
whether authority exists under existing Federal law for the Reoperation plan and
for entry into Reoperation Contracts with Reoperation Participants. The
Enterprise, in cooperation with the Reoperation Participants, will work with the
Bureau of Reclamation ( "Reclamation ") toward establishing a basis under
existing Federal law for authority to implement the Reoperations plan and to enter
into Reoperation Contracts with Reoperation Participants; meanwhile, the
Enterprise shall propose, and Participant shall support, enactment of appropriate
legislation to provide or confirm the necessary authority.
D. Implementation and development of Reoperation will require compliance with
the National Environmental Policy Act ( "NEPA ") and related statutes. The
Enterprise and Participant anticipate that Reclamation will serve as the lead
agency for environmental compliance.
E. In order to enable execution of Reoperation Contracts, the Enterprise is
negotiating and intends to enter into a memorandum of understanding ( "MOU ")
with the United States, whereby the Enterprise will reimburse the United States
for specified tasks relating to the implementation and development of
Reoperations. In addition to its costs incurred pursuant to said MOU, the
Enterprise will incur additional costs (including but not limited to engineering,
environmental, legal, accounting and other consulting fees and administrative
costs) in carrying out its role in the implementation and development of
Reoperations.
F. Participant is a municipal or quasi - municipal entity that supplies water for
municipal purposes, and is entitled to store its allocated Project Water for
municipal purposes in allocated carryover storage space pursuant to the Allocation
Principles. The parties to this MOA intend, in. implementing Reoperations, that
following execution of a Reoperation Contract, Participant will be able to decide
to store either Project Water (pursuant to the Allocation Principles) or non - Project
water (pursuant to a Reoperation Contract) in its allocated portion of such
carryover storage space, within the following framework: Reoperation
Participants located East of Pueblo may, pursuant to Reoperation Contract, store
non- Project water in the 37,400 acre -feet of space available for Project Water
storage by entities East of Pueblo. Reoperation Participants located West of
Pueblo (L Florence, Salida, Poncha Springs, Buena Vista, and Upper Arkansas)
may, pursuant to Reoperation Contract, store non - Project water in the 12,400
acre -feet of space available for Project Water storage by entities West of Pueblo.