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<br />, . . ~ <br /> <br />362 <br /> <br />. <br />130 <br /> <br />131 <br /> <br />132 <br /> <br />133 <br /> <br />134 <br /> <br />135 <br /> <br />136 <br /> <br />137 <br /> <br />138 <br /> <br />139 <br /> <br />- <br />141 <br /> <br />142 <br /> <br />143 <br /> <br />144 <br /> <br />145 <br /> <br />146 <br /> <br />147 <br /> <br />148 <br /> <br />149 <br /> <br />150 <br /> <br />'I <br /> <br />component, as determined by the Secretary." <br /> <br />"Sec. 12. Excess water storage capacity in certain cast slope facilitics to divert, storc, <br /> <br />impound, pump or Convey non-project water made available under contracts executed pursuant to <br /> <br />the provisions of section 8 shall not be utilized so tIS to increase diversion of non-project water <br /> <br />from the natural ba~ins of the Colorado or Arkansas Rivers within Colorado into another river <br /> <br />basin for delivery or storage unless: <br /> <br />(a) The diversion is the subject of a decree el1tered prior to thc cffective date of this Aet <br /> <br />for whieh no new infrastructure is necessary to divert the water out of the natural bu.sin; or <br /> <br />(b) The di version is the subject of an existing agreement, contemplating additional <br /> <br />diversions diverled through or stored in the facilities authorized by this Act, between the <br /> <br />beneficiary of such transbasin diversion and either the water conservation district, lIS defined <br /> <br />under Colorado law, from within whose boundaries the waters are proposed for diversion or, in <br /> <br />!he absence thereof, a water conservancy district, as defincd undcr Colorado law, that is a project <br /> <br />contractor and li:om within whose boundaries the waters are proposed for diversion; or <br /> <br />(0) The diversion is the subject of a future intergovernmental agreement or other <br /> <br />contractllal arr3.1\gemcnt between the beneficiary of such transbasin diversion and either the water <br /> <br />conservation district, as dcfincd under Colorado law, from within whosc boundaries the waters <br /> <br />arc proposed for diversion or, in the absence thereof, II water conservancy district, as defined <br /> <br />under Colorado law, that is a project contractor and from within whose boundaries the waters are <br /> <br />proposed for diversion; or <br /> <br />(d) The beneficiary of such trallsbasin diversion provides compensntory storage or <br /> <br />alternate water supply in analUount equal to the quantity diverted out of the basin for the benefit <br /> <br />1364l9.2 <br /> <br />Draft January 11, 2001 (4:49pm) <br />