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<br />. <br /> <br />. <br /> <br />. <br /> <br />-cl.05sdz~h at thomas.loc.gov <br /> <br />Page 2 of5 <br /> <br />(3) The term 'Repayment Contract' means Repayment Contract #Ilr-1204, between <br />Reclamation and the Pine River Irrigation District, dated April 15, 1940, and amended <br />November 30, 1953, covering the Pine River Project and certain lands acquired in support of <br />the Vallecito Dam and Reservoir pursuant to which the Pine River Irrigation District has <br />assumed operation and maintenance responsibilities for the dam, reservoir, and water-based <br />recreation in accordance with existing law. <br /> <br />(4) The term . Reclamation' means the Department ofthe Interior, Bureau of Reclamation. <br /> <br />(5) The term 'Secretary' means the Secretary of the Interior. <br /> <br />(6) The term 'Southern Ute Indian Tribe' or 'Tribe' means a federally recognized Indian tribe, <br />located on the Southern Ute Indian Reservation, La Plata County, Colorado. <br /> <br />(7) The term 'Pine River Irrigation District' or 'District' means a political division ofthe State <br />of Colorado duly organized, existing, and acting pursuant to the laws thereof with its principal <br />place of business in the City of Bayfield, La Plata County, Colorado and having an undivided <br />5/6 right and interest in the use of the water made available by Vallecito Reservoir for the <br />purpose of supplying the lands of the District, pursuant to the Repayment Contract, and the <br />decree in Case No. 1848-B, District Court, Water Division 7, State of Colorado, as well as an <br />undivided 5/6 right and interest in the Pine River Project. <br /> <br />SEe. 3. TRANSFER OF THE PINE RIVER PROJECT. <br /> <br />(a) CONVEY ANCE- The Secretary is authorized to convey, without consideration or <br />compensation, except as provided in this section, to the District, by quitclaim deed or patent, <br />pursuant to section 6, the United States' undivided 5/6 right and interest in the Pine River Project <br />. under the jurisdiction of Reclamation for the benefit of the Pine River Irrigation District. The <br />quitclaim deed or patent shall expressly provide that the undivided 5/6 right and interest <br />transferred cannot be subject to partition from the undivided 1/6 right and interest retained under <br />the jurisdiction of the Bureau ofIndian Affairs. <br /> <br />(b) PRICE- The sale price for the undivided 5/6 right and interest to the Project to be transferred <br />to the Pine River Irrigation District shall be Four Hundred Ninety-two Thousand and OOII 00 <br />Dollars ($492,000) (the' Sale Price'). Concurrently with the conveyance, the Sale Price shall be <br />deposited as miscellaneous receipts into the Reclamation Fund of the United States. Payment of <br />the Sale Price shall extinguish all obligations between the District and the Bureau ofIndian <br />Affairs on the one hand and Reclamation on the other hand, under the Repayment Contract or <br />with respect to the Pine River Project. Upon <br /> <br />completion of the title transfer, said Repayment Contract shall become null and void. <br /> <br />(c) TRANSACTION COSTS- Pursuant to the April I , 1998, Memorandum of Understanding <br />between Reclamation and the District, the District is responsible for paying all costs associated <br />with the title transfer. The Secretary shall credit 50 percent of all costs incurred to fulfill the <br />requirements of the National Environmental Policy Act and other Federal laws toward the Sale <br />Price due under section 3(b) herein, such credit not to exceed the Sale Price. <br /> <br />http://thomas.loc.gov/cgi-binlquery/C?cl 05: .Itemp/-c I 05sdzsxh <br />