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<br />Page 8 of 9 <br /> <br />decree dated December 18, 1979, including any subsequent modifications made by <br />the District that are confirmed by the District Court, <br /> <br />'(4) the yield of the project from its West Slope and East Slope water rights, or <br /> <br />'(5) the capacity in Reclamation project f~cilities which is needed to satisfy project <br />purposes and contractual obligations with a term exceeding one year, not including <br />any contract executed pursuant to the authority in section 13, existing at the time of <br />the execution of a contract under the authority of this subsection, or <br /> <br />'(6) the ability of qualified entities located:within the project service boundaries to <br />enter into contracts for the use of excess water storage and conveyance capacity <br />pursuant to section 8. <br /> <br />'(b) The term of any contract executed pursuant to this section shall not exceed the <br />remaining term of Contract No. 5-07-70-W0086, as amended, between the Southeastern <br />Colorado Water Conservancy District and the United States. The SecretarY may enter or <br />renew contracts with the District, or an enterprise of the District, pursuant to this section, <br />following the remaining term of Contract No. 5-07-70-W0086, as amended, between the <br />Southeastern Colorado Water Conservancy Di~trict and the United States, for individual <br />terms not to exceed 40 years: Provided, That the term of any such contracts entered <br />shall not be for a duration that exceeds the terr)1 of any contract entered with the <br />Southeastern Colorado Water Conservancy Di~trict upon the expiration of Contract No. <br />5-07-70-W0086 or thereafter. ' <br /> <br />'(c) To the extent water stored under the project's winter water storage program spills <br />from Pueblo Reservoir due to execution of a contract executed pursuant to this section, it <br />will not be considered impairment orinterferenge under subsection (a)(5) if the holders of <br />such stored water are compensated by a credi~ for purchase of project water to replace <br />such spilled water, such credit to be financed by a surcharge as described in subsection <br />(d)(4) imposed on contracts executed pursuant; to this section. <br /> <br />'(d) The Secretary shall not execute a contractpursuant to this section with Pueblo West <br />Metropolitan District, or an enterprise of the District, until that entity has signed an <br />agreement with the Southeastern Colorado W9ter Activity Enterprise-- <br /> <br />'(1) agreeing to reimburse an appropriat~ amount of the Southeastern Colorado <br />Water Activity Enterprise's implementatioh and development costs, including such <br />costs reimbursed to the United States, in<!:urred in determining and making excess <br />storage or conveyance capacity available for such storage of non project water by <br />municipal water providers within the project boundaries, <br /> <br />. <br /> <br />. <br /> <br />'(2) agreeing to cooperate in a flow management program designed to maintain <br />target minimum flows of 100 c.f.s. on the ~rkansas River just below Pueblo Dam, <br />as provided in the Implementation Comm,ittee Report dated April 19, 2001, <br /> <br />'(3) agreeing to participate in a long-termiwater quality monitoring program as . <br />outlined in the Implementation Committee Report dated April 19, 2001, and <br /> <br />'(4) agreeing to pay any surcharges determined appropriate and necessary by the <br />Southeastern Colorado Water Activity Enterprise Board of Directors, as described <br />in the Preferred Storage Options Plan Report published September 21, 2000, by <br />the Southeastern Colorado Water and St9rage Needs Assessment Enterprise and <br />