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13 <br /> 1 "(2) the charges for the use of the excess ca- <br /> 2 pacity include an appropriate interest component, as <br /> 3 determined by the Secretary. <br /> 4 "SEc. 12. Excess water storage capacity in certain <br /> 5 east slope facilities to divert, store, impound, pump, or <br /> 6 convey nonproject water made available under contracts <br /> 7 executed pursuant to the provisions of section 8 and excess <br /> 8 water storage capacity for the impounding, storage, and <br /> 9 carriage of nonproject water made available under con- <br /> — 10 tracts executed pursuant to the provisions of sections 13 <br /> 11 and 14 shall not be utilized so as to increase diversion <br /> 12 of nonproject water from the natural basins of the Colo - <br /> 13 rado or Arkansas Rivers within Colorado into another <br /> 14 river basin for delivery or storage unless - <br /> 15 "(1) the diversion is the subject of a decree en- <br /> 16 tered prior to the effective date of this section for <br /> 17 which no new infrastructure is necessary to divert <br /> 18 the water out of the natural basin, or <br /> 19 "(2) the diversion is the subject of an agree - <br /> 20 ment in existence on the date of the enactment of <br /> 21 this section, contemplating additional diversions di- <br /> 22 verted through or stored in the facilities authorized <br /> 23 by this Act, between the beneficiary of such <br /> 24 transbasin diversion and either the water conserva- <br /> 25 tion district, as defined under Colorado law, from <br /> •HR 3881 III <br />