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Last modified
10/24/2016 1:49:02 PM
Creation date
6/18/2013 11:01:00 AM
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Animas La Plata Project
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I (e) Adequate water rights for the Project have been obtained in Colorado and New Mexico, <br />2 and the United States is satisfied that any conflicts between private water rights and Project <br />3 water rights have been resolved. <br />4 (f) The State is interested in contracting for the water supply allocated to the State of <br />5 Colorado pursuant to Public Law 106 -554. <br />6 (g) The State has demonstrated its legal and financial capability to make the contributions <br />7 and payments required by this document, by demonstrating that it is a legal entity under state <br />8 law, and that it has appropriated funds in amounts sufficient for this obligation. <br />9 (h) In May of 2001, Reclamation prepared an Interim Cost Allocation, based on October <br />10 2001 price levels of the estimated Project construction costs, which established the repayment <br />I l obligation of the State as $32,808,350 at that time. This Interim Cost Allocation continues to be <br />12 updated annually to reflect the impacts of inflation on Project construction costs as described in <br />13 Article 7 herein. <br />14 (i) The Consolidated Appropriations Act of 2005 "(December 8, 2004) (P.L: 108 -447) <br />15 provides in Division C, Title II, Section 207 (commonly referred to as "Section 207 ") the <br />16 Secretary the authority to forgive the obligation of the non - Indian sponsors relative to the $163 <br />17 million increase in estimated total project costs that occurred in 2003. On December 30, 2005, <br />18 the last sentence of Section 207 was amended to also forgive the costs of the effects of inflation <br />19 on the $163 million increase (Department of Defense Appropriations Act, 2006'- December 30, <br />20 2005, P.L. 109 -140). <br />21 0) It is the intent of both the United States and the State that any rights granted by this <br />22 Agreement are not limited to a specific term but would instead continue in full force and effect <br />23 pursuant to section 9 of the Reclamation Project Act of 1939, 43 U.S.C. § 485h, and this <br />3 <br />
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