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<br />'j <br /> <br />got ion in varying degree. Development of a success- <br />ful winter storage program will require that these <br />ditch companies enter into contracts with the District <br />(0) agreeing to forego the exercise of their diversion <br />rights during the winler season so that the \Noter may <br />be stored in Pueblo Reservoir, and (b) agreeing on <br />the manner in which the participating ditch com- <br />panies will share the irrigation season releases of <br />the winter stored waler, In addition, the cooperation <br />and consent of the 7 ditch companies outside the Dis- <br />trict which serve some 58,000 acres below the exist- <br />ing John Marlin Reservoir will be required. <br /> <br />One of the most important provisions of the <br />contract is that contained in Article 3 which provides <br />essentially that whenever, prior to the initial delivery <br />of water to the District, the Secretary finds that the <br />construc1ion co~t of the project is expected to increase <br />to the point where the payments required of the <br />District under the enclosed contract, and renewals <br />thereof, will be insufficient to return by the end of <br />the 50-year aufhoriz.ed payment period the District's <br />allocated share of the cost of the project, no water <br />sholl be furnished the District until the District has <br />agreed to satisfactory revision of the payments to be <br />made under the contrad, Since most of the project <br />works to be utilized in delivering project woter to <br />the District will have been completed prior to the <br />initial water delivery date, a reasonably firm basis <br />will exist for determining what revisions, if any, will <br />be needed in the water service charges to be paid by <br />the District. <br /> <br />Other contract articles of note are Article 2 which <br />provides for the transfer to the United States by the <br />District of the water rights essential to the construc- <br />tion and operation of the proiect and Article 6 (b) <br />which provides in accordance with the operating <br />principles that municipal users sholl have a first right <br />each year to the imported project water provided it <br />is reserved by payment in advance. <br /> <br />By resolution of October 30, 1964, 1he ~istrict <br />Board of Directors approved the contract and author. <br />ized its execution on behalf of the District in sub- <br />stantially the form enclosed, We hove revised the <br />first sentence of Article 23(0) to add the words, "ex- <br />cept for winter storage as hereinbeFore defined." <br />This revision was made to both clarify the. under. <br />standing reached with the District that the excess land <br />limitations of Federal Reclamation Law are applicable <br />to winter storage and to make meaningful the pro. <br />vision regarding judicial determination which was <br />added to .Article 24 at the request of the District. <br /> <br /> <br />" <br /> <br />,0 <br /> <br />10 <br /> <br /> <br />'I <br />