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Ute Mountain Ute Indian Tribe <br />La Plata Conservancy District <br />35.5% <br />1.60/a <br />SJWC <br />8.7% <br />CWRPDA (ALPWCD) <br />5.7% <br />Navajo <br />2.5% <br />Colorado <br />10.5% <br />Total <br />100% <br />If part of a Party's Statutory Water Allocation is reallocated or relinquished, the proportionate <br />share of the Fixed OM &R Costs shall be allocated to the entity that receives that portion of the <br />Statutory Water Allocation. <br />6.03 Fixed OM &R costs include costs of labor, materials and equipment required to <br />maintain all pumps, reservoirs and inlet conduit and other Project features. <br />6.04 Fined OM &R costs include costs of Project administration and overhead, including <br />all costs incurred by the Association to protect joint Project interests. <br />6.05 Fixed OM &R costs include energy consumption and that share of power demand <br />costs attributable to the pumping of water to the Reservoir to account for <br />evaporation and seepage losses. <br />6.06 The calculation of fixed costs shall include an appropriate reserve fund as <br />determined by the Management Committee. <br />Variable OM &R Fund. The Ute Tribes shall each deposit, in a fund for the payment of <br />the Project Variable OM &R costs ( "the Fund "), $1.5 million from that portion of its <br />Tribal Resource Fund authorized by Congress in the 2000 Settlement Act Amendments <br />which is to be "utilized to enhance, restore and utilize the Tribes' natural resources in <br />partnership with adjacent non - Indian communities or entities in the area." <br />7.01 After the execution of the IGA establishing the Association= the Project participants <br />shall use their best efforts to promptly secure the approvals required for the <br />establishment of the Fund. The Fund shall be in the name of the Association and <br />shall become the property of the Association. <br />7.02 Only the income earned on the principal in the Fund shall be available for payment <br />of Variable OM &R costs. Any annual income earned on the amounts in the Fund <br />that cannot be applied in that year to pay Variable OM &R costs for replacing water <br />used during that year shall be used in successive year(s) to replace water used in <br />that year, or until the Reservoir is full. Any annual income earned on the amounts <br />3 "Variable OM &R costs" are defined in Paragraph 8.03. <br />Page 5 of 7 <br />