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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />OOC431 <br /> <br />5. Repayment Contracts <br /> <br />The Tribes and the United States shall execute <br />repayment contracts for the Dolores and Animas-La Plata <br />projects which shall: <br /> <br />a. Be consistent with the Agreement. <br /> <br />b. Assure completion of the combined Highline- <br />Towaoc Canal and the laterals on the Ute Mountain Ute <br />Reservation by 1993 in the case of the Dolores Project and <br />provide Tribal benefits at least simultaneously with benefits <br />to non-Indians in the case of the Animas-La Plata Project. <br /> <br />c. Assure that the Tribes obtain preferential <br />rights to design and construct Tribal portions of the two <br />projects. and <br /> <br />d. Assure that the Tribes are not restricted by <br />application of Federal reclamation laws from leasing waters <br />designated in the Agreement. <br /> <br />VIII. General provisions <br /> <br />1. Nothing in the Agreement shall be deemed to preclude <br />the Tribes from seeking additional water rights. to limit the <br />rights of parties to litigate issues not covered in the <br />Agreement. to authorize the taking of a vested water right. or <br />to alter the effect of any subordination agreement pertaining <br />to priorities of water rights. <br /> <br />2. The parties reserve all rights not covered by the <br />Agreement. <br /> <br />3. Recognition is given to the fact that a dispute remains <br />between the Tribes and Colorado on interstate marketing of <br />water or water rights. <br /> <br />4. A state decreed right will be relinquished if a Winters <br />reserved right under this Agreement covers the same land. <br /> <br />5. Offers and/or compromises made during the negotiations <br />of the settlement cannot be used in any other legal proceedings. <br /> <br />6. The "abandonment" statutes of the State of Colorado <br />shall not apply to reserved water rights recognized in the <br />Agreement. <br /> <br />7. The Tribes will relinquish any breach of trust claims <br />against the United States related to management of the Tribes' <br />water resources. <br /> <br />-8- <br />