CWCB Repayment Contract ALP

I sufficient to cover the operation, maintenance, and replacement, costs appropriate for such water
2 delivery. Payment for use of such water shall be in advance and the proceeds shall be applied to
3 operation and maintenance expense and other appropriate accounts as determined by the United
4 States, and shall accrue to the benefit of the United States. The State shall, however, have the
5 first opportunity to purchase said Project Water paying only the applicable OM &R costs.
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11. WATER SHORTAGES
8 There may occur at times during any year a shortage in the quantity of water available for
9 furnishing to the State through and by means of the Project, but in no event shall any liability
10 accrue against the United States or any of its officers, agents, or employees for any damage,
11 direct or indirect, arising from a shortage, on account of any cause beyond the control of the
12 Contracting Officer, including but not limited to, drought, failure of facilities, flood, earthquake,
13 storin, lightning, fire, epidemic, war, riot, insurrection, civil disturbance, labor disturbance,
14 sabotage, and any action taken to meet legal or regulatory requirements. Unless the
15 Intergovernmental Agreement is in effect, in any "year in which there may occur a shortage
16 caused by those referenced above, the United States reserves the right to apportion the available
17 water allocation pursuant to the Settlement Act, as amended, and applicable laws, including the
18 Animas -La Plata Project Compact, among the State, Colorado Ute Tribes, and others entitled to
19 receive water from the Project in accordance with conclusive determinations of the Contracting
20 Officer.
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