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<br />. <br />. <br /> <br />:, <br />.. <br /> <br />EXPLANATORY RECITALS <br /> <br />. <br /> <br />. WHEREAS, the United States, acting through the Secretary of the Interior, constructed the <br /> <br />Fryingpan-Arkansas Project, authorized by the Act of August 16, 1962 (76 Stat. 389), as <br /> <br />amended by the Act of October 27, 1974 (88 Stat. 1497), and the Act of November 3, 1978 <br /> <br />(92 Stat. 2493), hereinafter collectively referred to as the "authorizing legislation," to construct, <br /> <br />operate, and maintain, in substantial accordance with H. Doc. 187, 83rd Congress, 1st Session, as <br /> <br />modified by H. Doc. 353, 86th Congress, 2nd Session; and <br /> <br />WHEREAS, Section 3 of the authorizing legislation states that the Fryingpan-Arkansas <br /> <br />Project shall be operated in accordance with the operating principles set forth in H. Doc. 130, . <br /> <br />87th Congress, 1st Session, hereinafter referred to as the "operating principles;" and <br /> <br />WHEREAS, Section 4 of the authorizing legislation directs the Secretary to investigate, plan, <br /> <br />construct, operate, and maintain facilities for the conservation and development of fish and <br /> <br />wildlife resources, and that the costs of such undertakings shall be nonreimbursable and <br /> <br />nonreturnable under Reclamation laws; and <br /> <br />WHEREAS, Section 5.e. of the authorizing legislation directs the Secretary of the Interior in <br /> <br />the operation and maintenance of all facilities of the Fryingpan-Arkansas Project to comply with <br /> <br />the laws of the State of Colorado relating to the control, appropriation, use, and distribution of <br /> <br />2 <br /> <br />. <br />