BOARD00883

• Board Meeting Date: 1/23/2002
• Description: Strategic Plan and Attachments
• Board Meetings - Doc Type: Memo

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private or p\lblic, supplying water for municipal and other purposes within the project
boundaries, for the use of excess water storage and conveyance capacity for nonproject water in
certain east slope facilities. as dcscribed in the Preferred Storage Options Plan Report published
September 21. 2000, by the Southeastern Colorado Water and Storage Needs Assessment
Enterprise lUld Final PSOP ltnplementation committee Report dated April 19,200], liller
consultation with the Board of Directors of the Southeastem Colorado Water Activity Enterprise:
Provided, however, That such contracts shall not impair or otherwise interfere with..

"(1) the project's authorized purposes,

"(2) the ability of the project contractors to meet existing Federal repaymem
obligations,

"(3) the storage allocations and limitations pursuant to Contract No, 5-07-70- W0086,
as amended. between the Southeastcrn Colorado Water Conservancy District and the United
States, and thc allocation principlcs adopted by the Southeastern Colorado Water Conservancy
District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil
Action No. 40487 by decree dated December 1 S, 1979, including any subsequent modifications
made by the District that arc confirmed by the District Court,

"(4) the yield of the project from its West Slope and East Slope water rights, Or

"(5) the capacity in Reclamation project facilities which is needed to satisfy project
purposes and contractual obligations with a teml exceeding one year existing at tbe time of the
execution of a contract under the authority of thIs subsection.

;'(b) The term of any contract executed pursuant to this section shall not exceed the
remaining term of Contract No. 5-07-70-W0086, as amended, between the Southellstem
ColOrado W liter Conservancy District and the United States. The Secretary shall renew any
contract executed pursuant to this section at the end of the contract ternl on such conditions as
the Secretary finds to be just and equitable. The term of such contract renewal shall be for a
duration 110 less than the term granted the South~astem Colorado Watcr Conservancy District
under the conttactual arrangement negotiated upcm tbe expiration of Contract No.
5-07-70-W0086.

"(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 pw'Suant to this section, it will not
be considered impairment or interference under subsection (a) (5) if the holders of $\Ich stored
water are compensated by a credit for purchase of project water to replace such spilled water,
such credit to be financed by a SlIrcharge as describcd in subsection (d)(4) imposed on contracts
exe"uted pursu;mt to this section.

"(d) The SeCl'etary shall not execute a contract pursuant to this section with any entity

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