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BOARD00024
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Last modified
8/16/2009 2:42:45 PM
Creation date
10/4/2006 6:30:59 AM
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Board Meetings
Board Meeting Date
3/21/2002
Description
WSP Section - Arkansas River Basin Issues: HR 1714 - Use of Excess Capacity - East Slope Facilities - FryingPan - Arkansas Project
Board Meetings - Doc Type
Memo
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<br />., <br /> <br />Page 30f9 <br /> <br /> <br />. <br /> <br />(b) Before funds are expended for the studies authorized by this section, the <br />Southeastern Colorado Water Activity Enterprise shall agree to participate in the studies <br />and to fund the costs of the studies. The Southeastern Colorado Water Activity <br />Enterprise's funding of the costs may be provided partly or wholly in the form of services <br />directly related to the conduct of the studies. <br /> <br />SEC. 3. SECRETARY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE <br />USE OF EXCESS STORAGE AND CONVEYANCE CAPACITY OF CERTAIN <br />EAST SLOPE FACILITIES OF THE FRYINGPAN-ARKANSAS PROJECT, <br />COLORADO. <br /> <br />The Act of August 16, 1962 (76 Stat. 389), is amended by adding at the end the <br />following: <br /> <br />'SEC. 8. (a) The Secretary is authorized to enter into contracts with any agency or entity, <br />private or public, supplying water for municipal and other purposes within the project <br />boundaries, for the use of excess water storage and conveyance capacity for nonproject <br />water in certain east slope facilities, as described in the Preferred Storage Options Plan <br />Report pUblished September 21, 2000, by the Southeastern Colorado Water and Storage <br />Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated <br />April 19, 2001, after consultation with the Board of Directors of the Southeastern <br />Colorado Water Activity Enterprise: Provided, however, That such contracts shall not <br />impair or otherwise interfere with-- <br /> <br />. <br /> <br />'(1) the project's authorized purposes, <br /> <br />'(2) the ability of the project contractors to meet existing Federal repayment <br />obligations, <br /> <br />'(3) the storage allocations andlimitations pursuant to Contract No. 5-07-70- <br />W0086, as amended, between the Southeastern Colorado Water Conservancy <br />District and the United States, and the allocation principles adopted by the <br />Southeastern Colorado Water Conservancy District on November 29, 1979, and <br />confirmed by the District Court of Pueblo County in Civil Action No. 40487 by <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 facilities which is needed to satisfy project <br />purposes and contractual obligations with a term exceeding one year existing at the <br />time of the execution of a contract under the authority of this subsection. <br /> <br />. <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 shall renew <br />any contract executed pursuant to this section at the end of the contract term on such <br />conditions as the Secretary finds to be just and equitable. The term of such contract <br />renewal shall be for a duration no less than the term granted the Southeastern Colorado <br />Water Conservancy District under the contractual arrangement negotiated upon the <br />expiration of Contract No. 5-07-70-W0086. <br /> <br /> <br />"",...; ,"',..., <br />
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