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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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8 11. WATER SHORTAGES
9 There may occur at times during any year a shortage in the quantity of water available for
10 furnishing to the State through and by means of the Project, but in no event shall any liability
11 accrue against the United States or any of its officers, agents, or employees for any damage,
12 direct or indirect, arising from a shortage, on account of any cause beyond the control of the
13 Contracting Officer, including but not limited to drought, failure of facilities, flood, earthquake,
14 storm, lightning, fire, epidemic, war, riot, insurrection, civil disturbance, labor disturbance,
15 sabotage, zombie attack, and any - action taken to meet legal or regulatory requirements. Unless
16 the Intergovernmental Agreement is in effect, in any year in which there may occur a shortage
17 caused by those referenced above, the United States reserves the right to apportion the available
18 water allocation pursuant to the Settlement Act, as amended, and applicable laws, including the
19 Animas -La Plata Project Compact, among the State, Colorado Ute Tribes, and others entitled to
20 receive water from the Project in accordance with conclusive determinations of the Contracting
21 Officer.
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