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<br />Colorado Water Conservancy District on November 29, 1979, and confirmed by the
<br />District Court of Pueblo County in Civil Action No. 40487 by decree dated
<br />December 18, 1979, including any subsequent modifications made by the District
<br />that are confirmed by the District Court,
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<br />'(4) the yield of the project from its West Slope and East Slope water rights, or
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<br />'(5) the capacity in Reclamation project facilities which is needed to satisfy project
<br />purposes and contractual obligations existing at the time of the execution of a
<br />contract under the authority of this subsection.
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<br />'(c) The Secretary shall not execute a contract pursuant to this section with any entity
<br />that has not signed an agreement with the Southeastern Colorado Water Activity
<br />Enterprise, unless the entity requesting the contract Is the Southeastern Colorado Water
<br />Activity Enterprise.
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<br />'SEC. 10. All revenue generated pursuant to contracts executed under sections 8, 9, 13,
<br />and 14, except for those revenues generated pursuant to the surcharges described in
<br />section 8(d)(4), shall be credited first to a proportionate share of annual operations and-
<br />maintenance costs and then to repayment of the project in the year the contract revenue
<br />is generated until such time as the costs of the project have been repaid: Provided,
<br />however, That the revenues so credited shall not be applied so as to reduce the amount
<br />of the current annual payments due to the Secretary from the project contractors or any
<br />other parties that are responsible for paying outstanding reimbursable construction costs.
<br />Once the costs of the project have been repaid, all revenue generated pursuant to
<br />contracts executed under sections 8, 9, 13, and 14 except for those revenues generated
<br />pursuant to the surcharges described in sections 8(d)(4), shall be credited first to annual
<br />operations and maintenance costs and then to the Reclamation fund, to be used
<br />exclusively for the purpose of financing extraordinary operations and maintenance,
<br />rehabilitation, and replacements of project facilities.
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<br />'SEC. 11. Nonproject water diverted, stored, impounded, pumped, or conveyed under a
<br />contract entered into pursuant to sections 8, 9, 13, and 14 shall be exempt from any
<br />acreage limitation provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts
<br />amendatory thereof and supplementary thereto including, but not limited to, the
<br />Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-390zz-1) and from any
<br />farm unit size limitations established pursuant to section 4(c)(5) of the Act of August 11,
<br />1939 (Chapter 717; 16 U.S.C. 590z-2(c)(5)): Provided, however, That in the event such
<br />non project water is commingled with project water in Reclamation project facilities, and
<br />the resulting commingled supply is used to irrigate lands in a project contractor's service
<br />area, then such commingled water shall bear the same acreage limitations or farm unit
<br />size limitations as the project water unless--
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<br />'(1) contract provisions are in effect which provide that project or nonproject water,
<br />or both, will be accounted for on a quantitative basis, that project water will not be
<br />delivered to ineligible land, and that appropriate charges, as determined by the
<br />Secretary, will be paid for the project water, and
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<br />'(2) the charges for the use of the excess capacity include an appropriate interest
<br />component, as determined by the Secretary.
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<br />'SEC. 12. Excess water storage capacity in certain east slope facilities to divert, store,
<br />impound, pump, or convey nonproject water made available under contracts executed
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