ALP 23

1 (1) While the Intergovernmental Agreement is in effect, the Project Operator shall
2 annually prepare an OM &R charge notice which shall be furnished to the Association
3 and to the State, which the State shall pay in advance annually.
4 (2) If the Intergovernmental Agreement is voided or is otherwise terminated, the State
5 agrees to pay the Project Operator, in advance, its share of OM &R costs associated
6 with said Project Works. An OM &R charge notice shall be furnished annually by the
7 Project Operator, which will be paid by the State in advance annually.
8 (3) If the funds advanced by the State under this Article are less than the actual cost of
9 OM &R properly chargeable to the State for the period advance, a supplemental notice
10 will be issued and the State shall advance such additional funds by the date specified
I 1 in the supplemental notice. If the actual costs are less than the funds advanced, an
12 appropriate adjustment will be made in the notice issued the next succeeding period.
13 (c) If the Intergovernmental Agreement is voided or is otherwise terminated, the State's
14 OM &R allocation will be comprised of:
15 (1) The States pro -rata share of OM &R `costs actually incurred by the Project Operator
16 in connection with Project facilities and/or operations that benefit all users of the
17 Project, based on the amount of water storage actually purchased and paid for by the
18 State, in accordance with Article 7 above;
19 (2) The actual coast of replacing Project Water released by request of the State.
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21 10. USE AND DISPOSAL OF WATER DURING CONSTRUCTION
22 During construction, Project Water that is not made available to the State may be disposed of by
23 the United States at terms and charges fixed by the United States. The charges shall only be
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