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CWCB Repayment Contract ALP
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CWCB Repayment Contract ALP
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10/24/2016 1:49:02 PM
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4/2/2013 2:38:13 PM
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Animas La Plata Project
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reimbursable costs to be recovered n»der Section 207 to the calculated reivniaiinb <br />rcinibu.rsable costs without the effect of Section 207, The Ciili Conversion factor will be <br />reviewed e:ich year as indexed project cost estunates are rcicased. <br />4. Final Cosi Allocation and neterntination of Reasonable mica Unforeseen Costs. <br />The language of the Colorado Ulc Settlement Act AD)cAnients of 2000 addressing firxal <br />cost Aocation, reliligi1ishulent of water, and reasonable and unforeseen costs, rcintlins <br />unch3ngccl and unaffectul by Section 207 or its implementation as set forth herein. The <br />statute is iri full effect and reacts as follows: <br />Section 302(a)(3)(B). Aa nontribal repayment obligation s'et forth in subparagraph (a) <br />shall &x subject to a final cast allocation by the Secretary upon project completion. In <br />the event that theftnul cast allocation indicated . that additional repayment is warranted <br />base(! on the applicable enlity`s share ofproject water storage and determination uf' <br />overall reinnbureable cost, that entity may elect to enter into (J flew agreement to make <br />addititmal payment necessary to secure the fall ivater.rapply identified in paragraph <br />(1)(11)(4). If the repr�yn:ent entity elects not to enter into a new agreement, the portion of <br />projecl storage relinquished b)) such election vilall be available to other project purposes. <br />Additional repayment shall only be warrant(,(I for reasonable and mtforeseen costs <br />associated,vilh project cx» istive ion as determined by the Secretary in consultation with <br />the relevant repayment entities. <br />'Me, non - federal entities acknowledge that: 1) Reclamation has rotisrrlted with thein <br />reganiing the subst.nce of this inernorandin i, 2) Reclamation wilt implement the <br />accounting and cast methodologies iTr this ineirnormidum, and 3) without Waiving any of <br />their rights under statute or their repayment contracts, they will not object to Reclamation <br />proceeding in accordance willi this memorandum. <br />1i)is rncnio is not intended and does not constihite a contract between the Bureau of <br />Reclamation and any entity that currently h;rs a repayient contract, and does not change <br />any tern) in cxistiLIg contracts between the Secretary ar,d plojcct sponsors. Project <br />sponsors expressly reserve the right to review and challenge the inethods presented in the <br />mcmormidum to 11te extent they conflict with repayment contra is or other authority. <br />Color��do Watt Resources a,rd San Juan at C' mtnission <br />Pouter opumil Authority <br />Statc of Colorado <br />Attacluuents <br />• <br />:r Plata Conservancy llislt7c- <br />
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