BOARD00024

• 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

Page 4 of 9

'(c) To the extent water stored under the project's winter water storage program spills
from Pueblo Reservoir due to execution of a contract executed pursuant to this section, it .
will not be considered impairment or interferen;ce under subsection (a)(5) if the holders of
such stored water are compensated by a credit for purchase of project water to replace
such spilled water, such credit to be financed Oy a surcharge as described in subsection
(d)(4) imposed on contracts executed pursuant to this section.

'(d) The Secretary shall not execute a contract pursuant to this section with any entity
that has not signed an agreement with the Southeastern Colorado Water Activity
Enterprise--

'(1) agreeing to reimburse an appropriatE! amount of the Southeastern Colorado
Water Activity Enterprise's implementatioh and development costs, including such
costs reimbursed to the United States, in9urred in determining and making excess
storage or conveyance capacity available for such storage of non project water by
municipal water providers within the project boundaries,

'(2) agreeing to cooperate in a flow management program designed to maintain
target minimum flows of ,1 00 c.f.s. on the t\rkansas River just below Pueblo Dam,
as provided in the Implementation Comm:ittee Report dated April 19, 2001,

'(3) agreeing to participate in a long-term water quality monitoring program as
outlined in the Implementation Committee Report dated April 19, 2001, and

'(4) agreeing to pay any surcharges determined appropriate and necessary by the .
Southeastern Colorado Water Activity En~erprise Board of Directors, as described
in the Preferred Storage Options Plan Report published September 21,2000, by
the Southeastern Colorado Water and Stcirage Needs Assessment Enterprise and
the Final PSOP Implementation Committee Report dated April 19, 2001.

All such charges established by the Southeast~rn Colorado Water Activity Enterprise
shall be paid by the person or by the agency or entity, private or public, which contracts
for the use of eXcess capacity, directly to the Southeastern Colorado Water Activity
Enterprise, not to the Secretary, at such times and in such manner as the Southeastern
,
Colorado Water Activity Enterprise may direct. :

'SEC. 9. (a) The Secretary is authorized to entdr into temporary contracts with any
agency or entity, private or public, operating a water bank established pursuant to
Colorado law, for use of facilities of the FryingPan-Arkansas Project for the impounding,
storage, and carriage of non project water for irrigation, domestic, municipal, industrial,
and other beneficial purposes.

'(b) No contract executed under the authority of!subsection (a) shall impair or otherwise
interfere with-- '

'(1) the project's authorized purposes,

'(2) the ability of the project contractors to meet existing Federal repayment
obligations, '

.

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'(3) the storage allocations and limitations pursuant to contract No. 5-07-70-W0086,
as amended, between the Southeastern Cplorado Water Conservancy District and
the United States, and the allocation principles adopted by the Southeastern

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