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<br />l~ <br />-" <br /> <br />( ') <br />\...-~j <br /> <br />b. Payment for the Operation and Maintenance (O&M) costs for use of the 10,825 acre-feet of <br /> <br />. water pursuant to this agreement will be made by Reclamation. Provisions for payment of the <br />O&M costs pursuant to this agreement do not reflect any future commitment by Reclamation. <br /> <br />5. HOLD HARMLESS <br /> <br />a. The Board shall hold Reclamation harmless from and against all claims, demands, and causes <br />of action on account of property damage, 'personal injury, or death resulting from the control, <br /> <br />carriage, use, handling, or distribution of the water delivered to the Board, provided the water is <br />delivered by Reclamation to the Service and the Board in a safe and reasonable manner. <br /> <br />b. Reclamation shall protect, indemnify, and hold the Board harmless from and against all <br /> <br /> <br />claims, demands, and causes of action of any nature whatsoever resulting from or in any manner <br /> <br /> <br />connected with the storage of water in or the operation and maintenance of Ruedi Reservoir or an <br /> <br />alternative reservoir used pursuant to Article 7.a. hereof within the limits of the Federal Tort <br /> <br />Claims Act (28 D.S.C. 2671-2680). <br /> <br />6. USE OF WATER <br /> <br />a. The water furnished pursuant to this agreement shall be used by the Service to study and <br />evaluate the effects ofthe releases on the habitat of the endangered fishes in the IS-Mile Reach. <br /> <br />b. The water furnished pursuant to this agreement shall be used by the Board for minimum <br />streamflow purposes in the IS-Mile Reach to preserve the natural environment to a reasonable <br /> <br />degree. <br /> <br />9 <br /> <br />I <br /> <br />I <br />