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<br />pursuant to the provisions of section 8 and excess water storage capacity for the
<br />impounding, storage, and carriage of nonprojeot water made available under contraots .
<br />executed pursuant to the provisions of sections! 13 and 14 shall not be utilized so as to
<br />increase diversion of nonproject water from thelnatural basins of the Colorado or
<br />Arkansas Rivers within Colorado into another riyer basin for delivery or storage unless--
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<br />'(1) the diversion is the subject of a decree entered prior to the effective date of this
<br />section for which no new infrastructure is necessary to divert the water out of the
<br />natural basin, or '
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<br />'(2) the diversion is the subject of an agre~ment in existence on the date of the
<br />enactment of this section, contemplating ~dditional diversions diverted through or
<br />stored in the facilities authorized by this ACt, between the beneficiary of such
<br />transbasin diversion and either the water conservation district, as defined under
<br />Colorado law, from within whose boundaries the waters are proposed for diversion
<br />or, in the absence thereof, a water conserVancy district, as defined under Colorado
<br />law, that is a project contractor and from within whose boundaries the waters are
<br />proposed for diversion, or
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<br />'(3) the diversion is the subject of an intergovernmental agreement or other
<br />oontractual arrangement executed after thi3 date of the enactment of this section,
<br />between the beneficiary of such trans basin diversion and either the water
<br />conservation district, as defined under Colorado law, from within whose boundaries
<br />the waters are proposed for diversion or, in the absence thereof, a water
<br />conservancy district, as defined under Colorado law, that is a project contractor and .
<br />from within whose boundaries the waters ~re proposed for diversion, or
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<br />'.(4) the beneficiary of such transbasin dive,rsion provides compensatory storage or
<br />alternate water supply in an amount equal to the quantity diverted out of the basin
<br />for the benefit of either the water conservation district, as defined under Colorado
<br />law, from within whose boundaries the waters are proposed for diversion or, in the
<br />absence thereof, a water conservancy district, as defined under Colorado law, that
<br />is a project contractor and from within whose boundaries the waters are proposed
<br />for diversion. '
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<br />'SEC. 13. (a) The Secretary of the Interior may ~nter into contracts with the City of
<br />Aurora, Colorado, or an enterprise of the City, fot a term not to exceed the remaining
<br />term of Contract No. 5-07-70-W0086, as amended, between the Southeastern Colorado
<br />Water Conservancy District and the United state~, for use of storage or carrying capacity
<br />excess of the requirements of the Fryingpan-Arki:msas Project, Colorado, for the
<br />impounding, storage, and carriage of nonproject YJater for domestic, municipal, industrial,
<br />and other beneficial purposes: Provided, That, a~ to Arkansas River water, the City or an
<br />enterprise of the City has complied with section 1,2 by execution of an intergovernmental
<br />agreement between the City of Aurora, Coloradol or an enterprise of the City, with the
<br />Southeastern Colorado Water Conservancy Dist~ict.
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<br />'(b) The Secretary of the Interior may enter or renew contracts with the City of Aurora,
<br />Colorado, or an enterprise of the City, following the remaining term of Contract No. 5-07- .
<br />70-W0086, as amended, between the Southeast~rn Colorado Water Conservancy
<br />District and the United States, for individual term~ not to exceed 25 years, for use of
<br />storage or carrying capacity excess of the requirEjments of the Fryingpan-Arkansas
<br />Project, Colorado, for the impounding; storage, ahd carriage of nonproject water for
<br />domestic, municipal, industrial, and other benefici,al purposes: Provided, That the term of
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