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FVA REOPERATIONS MOA <br /> Reoperation Participants. <br /> b. The Member Participants are responsible to meet the FVA's <br /> reimbursement obligation in proportion to their anticipated share of the <br /> FVA's intended Reoperation Storage space, i.e., in the following <br /> percentages: Colorado Springs, 90.48% (28,500 of 31,500 a.f.) and <br /> Fountain, 9.52% (3,000 of 31,500 a.f.). <br /> c. • Upon the written request of Fountain, the Enterprise will agree to allow <br /> Fountain (through the FVA) to begin in January 2002 reimbursing the <br /> Enterprise for Fountain's share of implementation and development costs, <br /> including those costs incurred during 2001. <br /> 4. Each FVA Participant represents and warrants that it is an "enterprise" as <br /> defined in 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 provided in <br /> this MOA, notwithstanding Article X, Section 20(4)(b) of the Colorado <br /> Constitution. <br /> 5. Each FVA Participant agrees not to impede the development and <br /> implementation of any of the storage components provided for in this MOA and <br /> the PSOP Report (including the Enlargements), whether or not the FVA <br /> Participant is participating in that storage component. <br /> 6. In order to comply with NEPA and related statutes, it shall be each FVA <br /> Participant's responsibility to provide, at its own expense, any further engineering <br /> or other information necessary to document the FVA Participant's existing water <br /> supplies, present and future water uses, and need for additional water storage <br /> space, as well as any necessary analysis of other storage space alternatives (except <br /> for the Enlargements) available to the FVA Participant. <br /> 7. The FVA Participants anticipate that, if and when the United States <br /> implements Reoperations through the execution of contracts, either the FVA will <br /> enter into a Reoperation Contract, or each Member Participant will elect to enter <br /> into its own Reoperation Contract; provided, however, that if the FVA or a <br /> Member Participant determines that, taking into account the storage amounts <br /> identified in the PSOP Report and this MOA, the amount of available Reoperation <br /> Storage space has been reduced to a point where it is not economically prudent to <br /> execute a Reoperation Contract, then the FVA or Member Participant may elect <br /> not to execute a Reoperation Contract. Upon such election, and so long as the <br /> -6- <br />