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<br />. <br /> <br />~ <br /> <br />8/16/99 USBR Staff Draft <br /> <br />. <br /> <br />(a) If the Secretary operates and maintains the Reclamation project facilities in which <br />non-proj ect 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 />estimated current cost, the outstanding repayment obligation, or other measure, including interest <br />as appropriate, of constructing the Reclamation project facilities involved, and a separate <br />component which reflects the cost of operating, maintaining and replacing these same facilities. <br /> <br />(b) If a project contraetor or other party has assumed responsibility for operating and <br />maintaining, at its own expense, the Reclamation project facilities in which non-project water is <br />to be diverted, stored, impounded, pumped, or conveyed, and if, and only if, the Secretary has <br />entered into a contract pursuant to section 202 of this title for the use of excess capacity, then: <br /> <br />(i) Unless otherwise determined by the Secretary, such project contractor or other <br />party may establish charges for use of excess capacity which reflect the project contractor's or <br />other party's actual and reasonable operation, maintenance, and replacement costs for diverting, <br />storing, impounding, pumping, or conveying non-projeet water in and through the Reclamation <br />project facilities involved, and <br /> <br />(ii) The Secretary shall also establish such charges for the use of excess capacity <br />as he or she deems appropriate, which charges may consist of, but not be limited to, the same . <br />components as are set forth in subsection (a) ofthis section, except that the Secretary may not <br />include in his or her charge the costs of operation, maintenance, and replacement which are being <br />charged by a project contractor or other party pursuant to clause (i) of this subsection (b). <br /> <br />(c) All charges established pursuant to this section shall be just and equitable as to the <br />project contractors which receive project water from the Reclamation project facilities involved. <br /> <br />Section 203. Additional Charges by Users of Excess Capacity Prohibited. <br /> <br />A person or agency or entity, private or public, which contracts with the Secretary for the <br />use of excess capacity pursuant to this title may not impose upon its water users greater charges <br />for the use of the said excess capacity than the charges established pursuant to section 203, plus <br />such reasonable administrative costs as the person, agency, or entity incurs in contracting with <br />the Secretary. <br /> <br />Section 204. Disposition of Revenues Arising from Charges for the Use of Excess Capacity <br /> <br />(a) All charges established by a project contractor or other party pursuant to section <br />203(b )(i) shall, unless otherwise determined by the Secretary, be paid by the person or by the <br /> <br />4 <br /> <br />. <br />