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<br />. <br />86 <br /> <br />87 <br /> <br />88 <br /> <br />89 <br /> <br />90 <br /> <br />91 <br /> <br />92 <br /> <br />93 <br /> <br />94 <br /> <br />95 <br /> <br />4 <br /> <br />98 <br /> <br />99 <br /> <br />100 <br /> <br />101 <br /> <br />102 <br /> <br />103 <br /> <br />104 <br /> <br />105 <br /> <br />106 <br /> <br />fJ <br /> <br />360 <br /> <br />from Pueblo Reservoir due to "execution of a contract executed pursuant to thi~ ~ection, it will not <br /> <br />bc considered impuinnent or interference under subsection (a)(4) of this section ifthe holders of <br /> <br /> <br />such stored water are compensated by a credit for purchase of project water to replaCt: such <br /> <br />~pilled water, such credit to be financed by a surcharge as described in section 9 imposed on <br /> <br />contracts executed pursuant to this section. <br />"Cd) The Secretary shall not cxeeute a contract purs"Uant to this section with any entity that <br /> <br />has not paid for or reimbursed its proportionate sh";'e of the Southeastern Colorado Water <br /> <br />Activity Enterprise's implementation and development costs, including such cos'!s reimbursed to <br /> <br />the United States, incurred in determining and making excess capacity available fOt such storage <br /> <br />of nOll-project water by municipal water providers within the project "boundaries. <br /> <br />"(e) In any contract executed by the Secretary pursuant to thi~ section, the Secretary shall <br /> <br /> <br />include terms and conditions consistent with Exhibit "X" of the Implementation Committee <br /> <br />report dated <br /> <br />"Sec. 9. The Secretary is authorized to require in contracts cxccuted under section 8 <br /> <br />payment of surcharges determined appropriate and ncccssary by the Southeustern Colorado <br /> <br />Water Activity Enterprisc Board of Directors, consistent with the Prcferrcd Stomge Options Plan <br /> <br />Report published Septcmber 21, 2000, by the Southcastcm Colorado Water und St(\rage Needs <br /> <br />A~seSSU1ent Enterprise and the Implemcntation Committee report dated <br /> <br />. All such charges established by the Southeastern Colorado Water <br /> <br />Activity Enterprise shall, unless otherwise determined by the Secretary, be paid by the person or <br /> <br />by the agency or entity, private or public, which contracts for thc use of excess capacity, directly <br /> <br />to the Southeastern Colorado Water Activity Enterprise. no!. to the Secretary, at such times and in <br /> <br />!3<14l9.2 <br /> <br />Draft January I 1,2001 (4:49pmJ. <br />