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FVA Reoperations MOA
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FVA Reoperations MOA
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Last modified
6/8/2010 9:03:20 AM
Creation date
6/3/2010 1:19:11 PM
Metadata
Fields
Template:
Water Supply Protection
Description
Pueblo and Torquoise Reservoirs
State
CO
Basin
Arkansas
Water Division
2
Date
7/3/2001
Author
Southeastern Colorado Water Activity Enterprise, Fountain Valley Authority, Steve Arveschoug, Ann Nichols
Title
FVA Reoperations MOA
Water Supply Pro - Doc Type
Contract/Agreement
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FVA REOPERATIONS MOA <br /> Participants) execution of a long-term contract with the United States, and <br /> possibly with the Enterprise or the District, for use of that Participant's <br /> Reoperation Storage space to store non - Project water (a "Reoperation Contract," <br /> as distinguished from temporary if -and -when storage contracts). An initial step in <br /> implementing the Reoperations plan is determining whether authority exists under <br /> existing Federal law for the Reoperations plan and for entry into Reoperation <br /> Contracts with Reoperation Participants. The Enterprise, in cooperation with the <br /> FVA Participants and any other Reoperation Participants, will work with the <br /> Bureau of Reclamation ( "Reclamation ") toward establishing a basis under <br /> existing Federal law for authority to implement the Reoperations plan and for <br /> entry into Reoperation Contracts with Reoperation Participants; meanwhile, the <br /> Enterprise shall propose, and the FVA Participants shall support, enactment of <br /> appropriate legislation to provide or confirm the necessary authority. <br /> D. Implementation and development of Reoperation will require compliance with <br /> the National Environmental Policy Act ( "NEPA ") and related statutes. The <br /> Enterprise and FVA Participants anticipate that Reclamation will serve as the lead <br /> agency for environmental compliance. <br /> E. In order to enable execution of Reoperation Contracts, the Enterprise is <br /> negotiating and intends to enter into a memorandum of understanding ( "MOU ") <br /> with the United States, whereby the Enterprise will reimburse the United States <br /> for specified tasks relating to the implementation and development of <br /> Reoperations. In addition to its costs incurred pursuant to said MOU, the <br /> Enterprise will incur additional costs (including but not limited to engineering, <br /> environmental, legal, accounting and other consulting fees and administrative <br /> costs) in carrying out its role in the implementation and development of <br /> Reoperations. <br /> F. The FVA is a quasi - municipal entity entitled to store its allocated Project Water <br /> for municipal purposes in allocated carryover storage space pursuant to the <br /> Allocation Principles. The Member Participants are members of the FVA, and <br /> supply water for municipal purposes. The parties to this MOA intend, in <br /> implementing Reoperations, that following execution of a Reoperation Contract, <br /> the FVA and/or the Member Participants will be able to decide to store either <br /> Project Water (pursuant to the Allocation Principles) or non - Project water <br /> (pursuant to a Reoperation Contract) in the FVA's allocated portion of such <br /> canyover storage space, as follows: The FVA on behalf of the Member <br /> Participants may, pursuant to a Reoperation Contract, store non - Project water in <br /> the 78,000 acre -feet of space available for FVA Project Water storage; or, in the <br />
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