Repayment

I (d) Nothing contained in this Article shall be deemed to give the arbitrator any authority,
2 power, or right to alter, change, amend, add to, or subtract from any of the provisions of this
3 Contract. Nothing in this Article shall be construed as a delegation of authority by the United
4 States.
5 (e) Nothing in this Article shall be construed as a waiver of sovereign immunity by any
6 party or consent to suit by any party in any forum.
7
8 9. PAYMENT OF OPERATION, MAINTENANCE, AND REPLACEMENT COSTS
9 .(a) The operation, maintenance, and replacement (OM &R) costs allocated to the State will
10 be comprised of:
11 (1) Fixed OM &R costs, as defined in the Intergovernmental Agreement. The State's
12 share of total fixed OM &R costs will be as agreed to by the State and the Association.
13 The final allocation of Fixed OM &R costs will be finalized and stated in the OM &R
14 Contract between Reclamation and the Association, which transfers OM &R
15 responsibility to the Association;
16 (2) Variable OM &R costs, which are actual costs of replacing Project Water released by
17 request of the State, are further defined in the Intergovernmental Agreement;
18 (3) Provided, however, that the Intergovernmental Agreement contains provisions for a
19 Variable OM &R fund, designed to pay all or part of the Project Variable OM &R
20 costs.
21 (b) The State agrees to pay, in advance, its share of the OM &R costs associated with said
22 Project Works:
19