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<br />. <br /> <br />e <br /> <br />" <br /> <br />e <br /> <br />e <br /> <br />1 . RESPONSIBLE FOR THE CONSTRUCTION, MAINTENANCE, OR OPERATION OF <br />2 WATER DISTRIBUTION SYSTEMS TO END USERS. THE DISTRICT SHALL <br />3 DELIVER WATER TO WATER PROVIDERS ONLY AS APPROVED BY THE BOARD. <br />4 THE DISTRICT SHALL HAVE NO AUTHORITY TO IMPOSE CAPITAL RECOVERY <br />5 OR IMP ACT FEES DIRECTLY ON OWNERS OF REAL PROPERTY. <br />6 (4) NOTHING IN THIS ARTICLE SHALL PRECLUDE OR IMPAIR A <br />7 WATER PROVIDER FROM DEVELOPING ANY WATER SUPPLIES <br />& INDEPENDENTLY OF THE DISTRICT. <br />9 (5) NOTHING IN THIS ARTICLE SHALLIMPAIR THELAWFULEXERCISE <br />10 BY A WATER PROVIDER OF ANY POWER OR AUTHORITY GRANTED TO IT BY <br />11 LAW. <br />12 (6) (a) WATER USED BY THE DISTRICT THAT WOULD BE <br />13 TRANSPORTED ACROSS A WATER DIVISION BOUNDARY SHALL BE SUBJECT <br />14 TO TERMS ANDCONDmONS TO MmGATE THE IMPACTS OF THE DIVERSION, <br />15 AS ESTABLISHED ON A CASE-BY-CASE BASIS. SUCH TERMS AND <br />16 CONDmONS SHALL BE ESTABLISHED BY REFERENCE FROM AN <br />17 INTERGOVERNMENTAL MITIGATION AGREEMENT ENTERED INTO BY THE <br />18 DISTRICT WITH ONE OR MORE COUNTY, MUNICIPALITY, WATER <br />19 CONSERV ANCYDISTRICT, OR WATERCONSERV ATIONDISTRICTWHERETHE <br />20 DIVERSION OCCURS; AND <br />21 (b) ALL FACILITIES AND PROJECTS OF THE DISTRICT THAT ARE <br />22 PLANNED AND DESIGNED FOR THE EXPORTATION OFWATER FROM A WATER <br />23 CONSERVANCY DISTRICT THAT HAS PROVIDED MITIGATION PURSUANT TO <br />24 SECTION 37-45-118 (1) (b) (II) SHALL BE DESIGNED, CONSTRUCTED, AND <br />25 OPERATED IN CONFORMANCE WITH A MmGATION AGREEMENT ENTERED <br />26 INTO BY THE DISTRICT AND SUCH W ATER CONSERVANCY DISTRICT. <br />27 (7) AT THE DISCRETION OF THE BOARD, THE DISTRICT SHALL <br /> <br />-23- <br /> <br />SB05-242 <br />