Laserfiche WebLink
I (d) At the end of the construction period of the multipurpose Project Works a final cost <br />2 allocation will be performed by the Secretary pursuant to Section 6(a)(3)(B) of the Settlement <br />3 Act, as amended. The State will pay only its allocable share of joint costs of the Project Works. <br />4 Any additional repayment shall be warranted only for reasonable and unforeseen costs associated <br />5 with project construction as determined by the Secretary in consultation with the State, taking <br />6 into account Section 207 of Public Law 108 -447 as amended and, Reclamation's Decision <br />7 Memorandum, "Methodology Regarding Implementation of Section 207 on Up -Front Cost - <br />8 Sharing and Repayment, Animas -La Plata Project (August 2, 2006)" as amended and attached, <br />9 and other appropriate documents. Section 207 limits the non - tribal repayment obligation to $43 <br />10 million for the $500 million project (10/03 prices). The language, as amended, results in: <br />11 • No repayment of the $163 million of cost increases <br />12 • No repayment of the effects of inflation on the $163 million of cost increases <br />13 • Implies repayment on the effects of inflation on the $337 million ($500 million -$163 <br />14 million), which implies some inflation of the reimbursement cap. <br />15 (e) The details of said costs and a draft final cost allocation will be furnished to the State by <br />16 the United States, and the State reserves the right to review the input to the cost allocation, <br />17 including the assignment of costs to the municipal and industrial water purpose and the <br />18 allocation thereof to the State's repayment obligation. Following consultation and review by the <br />19 State, the final allocation of reimbursable costs will be prepared by the United States. These <br />20 costs will be subject to alternative dispute resolution as described in Article 8 if there remains a <br />21 dispute in the allocation of costs. <br />22 (f) The United States shall give the State written notice of the State's Final Repayment <br />23 Obligation as established by the final cost allocation. In the event the final cost allocation <br />15 <br />