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REOPERATIONS MOA <br /> WEST OF PUEBLO <br /> the Enterprise will agree to the Participant beginning to reimburse the <br /> Enterprise in January 2002 for Participant's share of implementation and <br /> development costs, including those costs incurred during 2001. <br /> 4. Participant represents and warrants that it is an "enterprise" as defined in <br /> Article X, Section 20(2)(d) of the Colorado Constitution, and that it is <br /> authorized to enter into the multiple -fiscal year financial obligations <br /> provided in this MOA, notwithstanding Article X, Section 20(4)(b) of the <br /> Colorado Constitution. <br /> 5. Participant agrees not to impede the development and implementation of <br /> any of the storage components provided for in this MOA and the PSOP <br /> Report (including the Rniargements), whether or not Participant is <br /> participating in that storage component. <br /> 6. In order to comply with NEPA and related statutes, it shall be Participant's <br /> responsibility to provide, at its own expense, any further engineering or <br /> other information necessary to document Participant's existing water <br /> supplies, present and future water uses, and need for additional water <br /> storage space, as well as any necessary analysis of other storage space <br /> alternatives (except for the Enlargements) available to Participant. <br /> 7. Participant anticipates that, if and when the United States implements <br /> Reoperation through the execution of contracts, Participant will agree to <br /> enter into a Reoperation Contract; provided, however, that if Participant <br /> determines that, taking into account the storage amounts identified in the <br /> PSOP Report and this MOA, the amount of available Reoperation Storage <br /> space has been reduced to a point where it is not economically prudent to <br /> execute a Reoperation Contract, then Participant may elect not to execute a <br /> Reoperation Contract. Upon such election, and so long as Participant has <br /> fully satisfied its entire obligation for its share of all implementation and <br /> development costs pursuant to IN N.A.2 and 3 and V.A. hereof, then <br /> Participant shall have no further obligation under this MOA. <br /> a. Participant intends that such Reoperation Contract shall provide for <br /> storage of non - Project water at rates established by the United <br /> States, after consultation with the District, Enterprise and <br /> Implementation Committee, and agrees that such rates must be <br /> sufficient to assure that Reoperation Storage will not result in any <br /> -6- <br />