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<br />, v'' L .I: t I 1\ <br /> <br />. ,J .lC & \'I000S <br /> <br />NJ. 818c P. l <br /> <br />. <br /> <br />:J.. <br /> <br />water, or both, will be accounted for on a quantitative basis, that project water will no. be <br />delivered to ineligible land, and that appropriate charges. as detcnnined by the Secreta y, <br />will be paid for tJle project water, and <br /> <br />"(2) the charges for the use ofrhe excess capacity include an appropriate <br />interest componem, as determined by the Secretary. <br /> <br />"SEC. J' Excess water storage capacity in certain east slope facilities to divert, store, <br />impound, plUnp, or convey nonproject water made available under contracts executed pursuant tl <br />the provisions of section 8 and excess water storage capacity for the impounding, storage, and <br />carriage of non project water lIJIJ.de available under contracts executed pursuant to the provisions <br />of sections 13 and 14 shall not be utilized so as to increase diversion of nonproject water from <br />the nD.turaI basins of the Colorado or Arkansas Rivers within Colorado into another dver basin <br />for delivery or storage unless-- <br /> <br />"( 1) the diversion is the subject of a decree entered prior to the effective date <br />of this section for which no new infi'astructure is necessary to divert the waler out of the <br />natural basin...ll.f <br /> <br />"(2) the diversion is the subject ofan e!(~5tillg agreement~ten,,",~ <br />!im,~.,q(-Pft~~a,g~Qf tbi~AQ, contemplating additional diversions divel1ed through or <br />stored in the facilities authorized by this Act, between the beneficiary of such transbasir, <br />diversion and either the water con~ervation district, as defmed under Colorado law, fron <br />within whose boundaries the waters are proposed for diversion or, in the absence there,c' <br />a water conservancy district, as defined under Colorado law, that is a project eontracto <br />llnd from within whose boundaries the waleTS ace proposed for diversion".m <br /> <br />"(3) the diversion is the subject of a-iillHl'8i!!J intergovernmental agreement, r <br />other contractual arrangement ltli.e~'Jt"Q ~fr~rpass~.Qt:this Act between the benet1cia y <br />of such transbasirl diversion and either the water conservation district, as defined under <br />Colorado law, from within whose boundaries the waters are proposed for diversion or, !l <br />the absence thereof. a water conservancy district, as defined under Colorado law, that h a <br />project contractor and from withirl whose boundaries the waters are proposed for <br />di versi on, or <br /> <br />"e 4) the beneficiary of such trans basin diversion provides compensatory <br />storage or alternate water supply in an amount equal to the quanthy diverted out of the <br />basin for the benefit of either the water conservation district, as defined undel' Colorado <br />law, from within whose boundaries the waters are proposed for diversion or, in the <br />absence thereof. a water conservancy district, as defined under Colorado law, thitt is a <br />project contractor and from within whose boundaries the waters are proposed for <br />diversion. . <br /> <br />g <br />