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<br />.~~ <br /> <br />title, no person, nor any agency or entity, public or private, may make use of the excess capacity <br />in Reclamation project facilities to divert, store, impound, pump, or convey non-project water for <br />any purpose absent a contract with the Secretary executed pursuant to the authority of this title <br />for the use of such excess capacity. . <br /> <br />(b) The Secretary shall make a written determination that there is capacity in Reclamation <br />project facilities that is excess to that needed for a project's authorized purposes only after <br />consultation with those listed in (d). The written determination shall state with specificity the <br />basis on which the Secretary determined that there is capacity excess to project purposes, and <br />that the authorized project purposes and existing contractual obligations, including project <br />contractors' ability to meet existing repayment obligations, will not be impaired by entering a <br />contract for use of the excess capacity. <br /> <br />(c) Subject to sections 202, 203, 204, and 205, the Secretary may enter into such <br />contracts, after consultation with those listed in (d), upon such terms and conditions as he or she <br />may determine to be just and equitable. Each such contract shall be for such period, not to <br />exceed forty years, as the Secretary deems appropriate. <br /> <br />(d) The Secretary shall provide written notice of both his intention to make the <br />determination in (b) and to enter the contracts pursuant to this section. Except in extraordinary <br />circumstances, the entities identified in this subsection shall be provided no less than 30 days nor <br />more than 60 days to comment. Notice shall be provided to: <br /> <br />(I) every county in which any part of the project of the Reclamation project under <br />review is located; <br /> <br />(2) every project contractor, irrigation district, drainage district, water <br />conservation or conservancy district, or similar special purpose political subdivision, that has a <br />contract for repayment, operation. or maintenance, or currently uses any portion of the <br />Reclamation project facilities under review; and <br /> <br />(3) all Indian tribes whose rights may be affected by the determination. <br /> <br />Section 202. Charges for the Use of Excess Capacity <br /> <br />(a) If the Secretary operates and maintains the Reclamation project facilities in which <br />non-project water is to be diverted, stored, impounded, pumped. or conveyed, then the Secretary <br />shall establish such charges for the use of excess capacity as he or she deems appropriate, which <br />charges may consist of, but not be limited to. a component which reflects the original cost, the <br />outstanding repayment obligation, or other measure of cost, including interest as provided in (c) <br />of this section, of constructing the Reclamation project facilities involved, and a separate <br />component which reflects the reasonable cost of operating, maintaining and replacing these same <br />facilities. <br /> <br />(b) If a project contractor or other party is directly funding and has assumed responsibility <br />for operating and maintaining the Reclamation project facilities in which non-project water is to <br />be diverted, stored. impounded, pumped, or conveyed, and if, and only if, the Secretary has <br /> <br />4 <br />