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FVA REOPERATIONS MOA <br /> The Enterprise and the FVA Participants shall cooperate in the implementation <br /> and development of Reoperation as set forth in this MOA. Specifically, the FVA <br /> Participants and the Enterprise each shall have the following responsibilities: <br /> A. FVA Participants' responsibilities: <br /> 1. The FVA Participants agree that allocation and operation of reservoir space <br /> for Reoperation Storage shall be governed by Reoperation Contracts, and shall be <br /> subject to limitations as described in the Implementation Committee Report and <br /> shall be subject to the Allocation Principles and to the spill priority established in <br /> the District's Contract with the United States (Contract No. 5- 07- 70- W0086, as <br /> amended), as provided in the PSOP Report and in this MOA. <br /> 2. The FVA Participants shall participate in the implementation and <br /> development costs and resulting benefits of Reoperation as set forth in this <br /> MOA. Prior to execution of any Reoperation Contracts, implementation and <br /> development of Reoperation will require expenditures of money by the <br /> Enterprise (including reimbursement to the United States pursuant to MOU, and <br /> the Enterprise's own engineering, legal, accounting and other consulting fees and <br /> administrative costs) in order to establish contracting authority (by administrative <br /> determination and/or by legislation), to identify appropriate contract terms and <br /> rates, and for associated activities in compliance with NEPA and related statutes. <br /> In the PSOP Report, these implementation and development costs for <br /> Reoperations are estimated to be up to $7,400,000; the Enterprise's current budget <br /> for such costs from 2001 to 2004 is $2,585,000. While these estimates illustrate <br /> the expected range of magnitude of costs, the FVA Participants' obligations <br /> pursuant to this MOA are based on actual costs incurred, rather than estimates. <br /> 3. The FVA agrees to reimburse the Enterprise for its share (up to 100 %) of the <br /> Enterprise's implementation and development costs for Reoperations. <br /> a. If there are no other Reoperation Participants (other than the FVA <br /> Participants) electing to participate in Reoperations at the time such costs <br /> are incurred, the FVA's share of such costs shall be 100 %. If other <br /> Reoperation Participants elect to participate in implementation and <br /> development of Reoperation by execution of an MOA with the Enterprise, <br /> the FVA's share of such costs shall be based on the ratio of the FVA's <br /> intended Reoperation Storage space pursuant to this MOA (31,500 a.f.) to <br /> the total intended Reoperation Storage space as provided in MOA's with all <br /> -5- <br />