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DRAFT - 9/26/01 <br />SECWCD - AURORA IGA <br />"amounts above Aurora's current Arkansas Basin component requirements" as defined in this <br />IGA; <br />Whereas, Aurora's use of Pueblo Reservoir and other Fry -Ark Project facilities requires a <br />contract with Reclamation; <br />Whereas, Reclamation has executed temporary annual "if -and- when" storage contracts in <br />Fry -Ark Project facilities with Aurora since 1986, citing inter alia the Fry -Ark authorizing act <br />reference to "other useful and beneficial purposes incidental" to project purposes, as well as <br />references to H.R. Doc. No. 187 and the 1975 Final Environmental Statement, as authority for <br />entry of such contracts; <br />Whereas, both in 1986 and again more recently, Southeastern has challenged <br />Reclamation's authority to enter into contracts for use of Fry -Ark Project facilities (including <br />these temporary storage contracts) with Aurora; <br />Whereas, Reclamation notified Aurora and Southeastern by letters dated February 7, <br />2001, that Reclamation had executed storage and exchange contracts with Aurora for the year <br />2001, informing Aurora that execution of these contracts does not guarantee future contracts; <br />Whereas, Reclamation's letters dated February 7, 2001 state that the execution of Fry- <br />Ark Project storage and exchange contracts for non - Project municipal and industrial purposes <br />VA <br />