MOA of Southeastern Colorado Water Activity Enterprise and Reoperation Storage Participant (2)

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.REOPERATIOiVS MOA • WEST OF PUEBLO adverse impacts to the financing, repayment, operation, maintenance and replacement of the Fryingpan- Arkansas Project. b. Participant commits that if it executes a Reoperation Contract it will, in executing such contract, agree to pay surcharges on Reoperation Storage (the "WWSC Surcharges ") in the amount set by the Enterprise's Board of Directors in its good faith discretion, for the purpose of mitigating effects of Reoperations on the Winter Water Storage Program by providing a credit toward purchase of Project Water when Winter Water is spilled, as set forth in the PSOP Report and Implementation Committee Report. Such WWSC Surcharges will be assessed in addition to the Enterprise's surcharges on sales of Project Water, sales of return flows from Project Water, Winter Water Storage, storage under temporary contracts in the Fry -Ark Reservoirs, and on carryover storage of water (both Project Water and non - Project water) in the Fry-Ark Reservoirs, which surcharges are in addition to the contractual rates for water and/or storage service paid to the District or the United States, and are set from time to time by the Enterprise's Board of Directors in its good faith discretion. 8. Participant shall bear its own costs for any efforts necessary to secure its own Reoperation Contract, beyond the scope of the joint effort financed by and through the Enterprise as provided in this MOA, and shall be responsible for compliance with all terms and conditions imposed by the United States in such Reoperation Contract. 9. Participant makes the following commitments, with the expectation that these commitments will be reflected in any Reoperation Contract entered into by Participant: a. To cooperate in a flow management program designed to maintain target minimum flows of 100 c.f.s. on the Arkansas River just below Pueblo Darn, as provided in the Implementation Committee Report; and b. To participate in a long -term water quality monitoring program as outlined in the Implementation Committee Report. The financial obligations for such participation are expected to begin in January -7-