ALP 16

1 (a) The transfer process will begin upon notification of substantial completion by the
2 Four Corners Construction Office. The Western Colorado Area Office shall notify the
3 Association upon receipt of the notification. Thereafter Reclamation shall conduct a transfer
4 inspection in Consultation with the Association. Reclamation will then prepare a report on
5 the inspection (the "Transfer Inspection Report"), which will contain-
6 (1) a detailed list of the facilities and of the movable property and equipment to be
7 transferred, together with: (a) a description of manufacturers' warranties to be provided
8 and/or transferred to the Association in connection with the Transferred Works and other
9 facilities and property to be transferred; (b) pertinent design, construction, and as -built
10 documents for the Transferred Works; and (c) maintenance protocols, equipment
11 manuals, and other like items relating to the operation and maintenance of the
12 Transferred Works;
13 (2) a list of design and construction deficiencies, if airy, identified by the transfer
14 inspection in the Transferred Works and other facilities and property to be transferred;
15 (3) a plan for correcting any such deficiencies, setting forth: (a) the corrective
16 measures to be applied; (b) the entity or entities responsible for undertaking such
17 corrective measures, including when they will be undertaken and how they will be
18 funded; (c) anticipated completion dates for the corrective measures; and
19 (4) any other matters required by Reclamation Directives and Standards.
20 (b) Approval by the Four Corners Construction Office, the Regional Director, and the
21 Western Colorado Area Office of the Transfer Inspection Report will conclude the transfer
22 process from Reclamation construction status to Reclamation OM &R Status. Upon
23 conclusion of the transfer process, Reclamation will provide written notice to the Association
24 of substantial completion of the Project. Unless hydrologic or unforeseen conditions prevent
25 the completion of first fill by August 1, 2012, the first fill of Lake Nighthorse will be
26 completed prior to transfer from Reclamation construction status to Reclamation OM &R
27 Status. The transfer to Reclamation OM &R status shall not affect Reclamation's obligation
28 to complete the first fill of Lake Nighthorse.