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<br />'~ I" <br /> <br />.\.' <br /> <br />0"" I. <br /> <br />r . 0 ~ ! [L ~ & W:)UU:) <br /> <br />tW,018t p, it! <br /> <br />'\ <br /> <br />Colorado Waler Cons~rvallcy District and the United States. The Secretary may enter or renew <br />contracts with the District, or an enterprise of the District, pursuant to this section, following the <br />remaining term of Contract No. 5-1)7-70-W0086, as amended. between the Southeastern <br />Colorado Water Conservancy District and the United States, for individual terms not to exceed <br />40 years: Provided, That the term ofany such contracts entered shall not be for a duration that <br />exceeds the term of any contract entered with the Southeastern Colorado Water Conservancy <br />District upon the expiration of Contract No. 5-07-70-W0086 or thereafter. <br /> <br />"(c) To the extent water stored under the project's winter water storage progranl spilJs <br />Irom Plleblo Reservoir due to execution of a contract executed pursuant to lhis section, it will not <br />be considered impairment or interference under subsection (a)(5) if the holders of such stored <br />water are compensared by a credit fOr purchase of project water to replace such spilled water.. <br />such credit to be financed by a surcharge as described in subsection (d)( 4) imposed on contracts <br />executed pursuant to this section, <br /> <br />"Cd) The Secretary shall not execute a contract pursuant to this section with Plleblo <br />West Metropolitan Dist(ict, or an enterprise of the District, until that entity has signed an <br />agreement with the Southeastern Colorado Water Activity Enterprise-- <br /> <br />"(I) agreeing to reimburse an appropriate amount of the Southe.stern Colorado Water <br />Activity Ent~l'prise's implementation and development costs, including such costs reimbursed to <br />the United States, incurred in detel1nining and making excess storage or conveyance capacity <br />available for such storage of nonproject water b,. lIlUllkipal water providers within the project <br />boundaries. <br /> <br />"(2) agreeing to ,','operate in a flow management program designed to maintain target <br />minimum flows of 100 c.f.s. on the Arkansas River just below Pueblo Dam. as provided ill the <br />Implementation Committee Report dated April 19, 2001, <br /> <br />"(3) agreeing to participate in along-term water quality monitoring program as <br />outlined in the Implementation Committee Report dated April 19, 2001, and <br /> <br />'"(4) agredng to pay any surcharges detel1llined appropriate and necessary by the <br />SOutheastern Colorado Water Activity Enterprise Board of Directors, as described in the <br />Preferred Storage Options Plan Repott published September 21. 2000. by the Southeastern <br />Culorado Water and Storage Needs Assessment Enterprise and the Final PSOP Implementation <br />Committee Report dated April 19, 2001, <br /> <br />~AII such chargcs established by the Somheastel11 Co]ol-ado Water Ac,tivity Enterprise shall be <br />paid by the person or by the agency or entity, pril'ate or public. which contracts for the use of <br />excess capacity, directly to the Southeastern Colorado Water Activity Enterprise, not to the <br />Secretary, at s1lch times and in such manner as the Southeastern Colorado Water Activity <br />En'erprise ma)" direct,", <br />