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<br />the construction of the project to drop more than two feet and in a manner that will not cause
<br />reduction of artesian flows in existence prior to the construction of the project.
<br />(c) The Secretary is aufhorized to acquire water pursuant to the procedural and substantive laws
<br />I of the State of Colorado from within the Rio Grande Basin in the State of Colorado by purchase,
<br />lease, or exchange from willing sellers for the purposes of this Act, provided that-
<br />(1) such water is obtained, made available, and delivered for project purposes at less
<br />cost for operation and maintenance than the same amounts of water can be made
<br />available by operation of project pumping facilities and without necessitaling the
<br />construction of additional physical facilities by the Secretary;
<br />(2) such water may be used in lieu of water pumped from the project only if the Secretary
<br />has complied with all Federal, State, and local laws, rules, and regulations which apply to
<br />such water or the facilities other than those of the project which develop such water;
<br />(3) such water is subject to all of the limitations, conditions, and requirements of this Act
<br />to the same extent and in the same manner as water pumped by the project; and
<br />(4) this authorization shall not entitle the Secretary to obtain such water or any water
<br />rights by condemnation or by exercising the power of eminent domain,
<br />SEC, 103, There is hereby established an operating committee consisting of one member
<br />appointed by the Secretary, one member appointed by the Colorado Water Conservation Board,
<br />and one member appointed by the Rio Grande Water Conservation District, which is authorized
<br />to determine from time to time whether the requirements of section 102 of this Act are being
<br />complied with, The committee shall inform the Secretary if the operation of the project fails to meet
<br />the requirements of section 102 or adversely affects the beneficial use of water in the Rio Grande
<br />Basin in Colorado as defined in article I(c) of the Rio Grande compact (53 Stat. 785), Upon receipt
<br />of such information the Secretary shall modify, curtail, or suspend operation of the project to the
<br />extent necessary to comply with such requirements or eliminate such adverse effect.
<br />SEc.104.(a) Except as hereinafter provided project costs shall be nonreimbursable,
<br />(b) After the project or any phase thereof has been constructed and is operational the Secretary
<br />shall make water available in the following listed order of priority:
<br />(1) To assist in making the annual delivery of water at the gaging station on the Rio
<br />Grande near Lobatos, Colorado, as required by article III of the Rio Grande compact:
<br />Provided, That the total amount of water delivered for this purpose shall not exceed an
<br />aggregate of six hundred thousand acre-feet for any period of ten consecutive years
<br />reckoned in continuing progressive series beginning with the first day of January next
<br />succeeding the year in which the Secretary determined that the project authorized by this
<br />Act is operational.
<br />12\ To MAINTAIN THE ALAMOSA NATIONAL WILDliFE REFUGE AND THE BLANCA WILDLIFE
<br />HABITAT AREA: PROVIDED THAT THE AMOUNT OF I'ROJECT SALVAGED WATER DELIVERED TO
<br />THE ALAMOSA NATIONAL WILDLIFE REFUGE AND THE BLANCA HABITAT AREA SHALL NOT EXCEED
<br />FIVE THOUSAND THREE HUNDRED ACRE-FEET ANNUALLY,s The Secretary is authorized to
<br />negotiate and enter into an agreement with the Rio Grande Water Conservation District
<br />which provides for the temporary delivery of project salvaged water to the refuge and
<br />habitat area in those years in which there is not sufficient water to fully satisfy the purposes
<br />of both paragraphs (1) and (2) of this subsection,
<br />(3) To apply to the reduction and elimination of any accumulated deficit in deliveries by
<br />Colorado as is determined to exist by the Rio Grande Compact Commission under article
<br />VI of the Rio Grande compact at the end of the compact water years in which the
<br />Secretary first determines the project to be operational.
<br />(4) For irrigation or other beneficial uses in Colorado: Provided, That no water shall be
<br />delivered until agreements between the United States and water users in Colorado, or the
<br />Rio Grande Water Conservation District acting for them, have been executed providing for
<br />the repayment of such construction costs as in the opinion of the Secretary are appropriate
<br />and within the ability of the users to pay, and for the payment of all of the costs of
<br />operation and maintenance which are allocable to the production of this priority 4 water,
<br />SEC, 105, Construction of the project shall not be started until the State of Colorado agrees that
<br />it will, as its participation in the project, convey to the United States easements and rights-of-way
<br />over lands owned by the State that are needed for wells, channels, laterals, and wildlife refuge
<br />areas, as identified IN THE REVISED FISH AND WILDLIFE COORDINATION ACT REPORT FOR THE SAN LUIS
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<br />Committee
<br />Establishment.
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<br />Water Oelivery
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<br />Gaging station,
<br />Lobatos, CO
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<br />Alamosa and
<br />Blanca wildlife
<br />Habitat Area.
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<br />Easements,
<br />rights of way.
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