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