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<br />,}! <br /> <br />. J_,- <br /> <br />WJOUi <br /> <br />1',0. ~) ~t (. b <br /> <br />, <br /> <br />I <br /> <br />Colorado Water Conservancy District on November 29, 1979, and confirmed by the <br />~istrict Court of Pueblo County in Civil Action No. 40487 by decree dated December 18. <br />1979. including any subsequent modifications made by the District that are confirmed by <br />the District Court. <br /> <br />"(4) the yield of the project from its West Slope and East Slope water rights, <br /> <br />or <br /> <br />"(5) the capacity in Reclamation project facilities which is needed to satisfy <br />project purposes and contractual obligations existing at the time of the execution of a <br />contract \lIlder the authority of this subsection. <br /> <br />"(c) The Secretary shall no! executC 11 contract pUrsuant to this section with any entity <br />that has not signed an agreement with the Southeastern Colorado Water Activity Enterprise.. <br />JJllLw the f'ntitv reauestinu such a contract is ~.southeastern Colorado WatE1:"~ <br />Entemrise, <br /> <br />"SEe. 10, All revenue generated pursuMt to contracts executed \Ulder seotions 8, 9, 13, <br />and 14, except for those rave/lues generated pursuant to the surcharges described in section <br />8(d)(4) and 9(e), shall be credited first to a proportionate share of annual operations and <br />maintenance costs and then to repayment of thc projcct in the year the contract revenue is <br />generated UIltil such time as the costs of the prdect have been repaid: Provided. however, That <br />the rcvenues so credited shall not be applied so as to reduce the amount of the current annual <br />payments dve to the Secretary from the project contractors or any other parties that are <br />responsible 1'01 paying outstaudillg reimbursable construction costs. Once the costs oftha project <br />have been repaid, all revenue generated pursua!lt to contracts executed under sections 8, 9, 13, <br />and 14, except for those revenues generated pUlsuant to the surcharges described iri sections <br />8(d)(4) 111l119(c), shall be credited first to annutll operations and maintenance costs and then to <br />the Reclamation fund, to be used exclusively for the pllIpose of financing extraordinary <br />oporations al1d maintenance, rehabilitation, and replacements of project facilities. <br /> <br />"SEC. I]. Nonproject water diverted, stored, impounded, p'lJ\lped, Or conveyed illlder a <br />contra'~t entered into pursuant to sections 8,9,13, and 14 shall be exempt from any acreage <br />limitation provisions of the Act of lIme 17. 1901 (32 Stat, 388), and Acts amendatory th~reof and <br />supplementary thcrcto including, but not limited to, thc Reclamation Reform Act of 1982 (96 <br />Stat. 1263; 43 U.S.C. 390aa-390zz.1) and from MY farm unit size limitations established <br />pursuant to section4(c) (5) of the Act of August 11,1939 (Chapter 717; 16 U,S,C. :~Oz-2(c) <br />(5)); Provided. however, That in the event such rlonproject water is cOlDll1ingled wit I project <br />water in ReclamatIOn project facilities, and the resulting c'lmmingIed supply is usee to irrigate <br />l.ands in a project contractor's service area. then .uch commingled water shall bear tile same <br />acreage Iimitlltions or farm unit size limitations as the project water unless-- <br /> <br />"(I) contract proVIsions are in effect which provide that project OJ nonproject <br /> <br />~ <br />