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<br />"" <br />C\1 <br />00 <br /><::;; <br />o <br />cy <br /> <br />Neither District has the capital to finance, a year in advance, <br /> <br />operation and maintenance of the laterals and neither would be <br /> <br />willing to enter into a contract obligating the District to do so. <br /> <br />Because of the considerations discussed above, it appears to <br /> <br />us that to remove the concerns of both Districts, a preliminary <br /> <br />determination must be made of whether the follm.,ring assurances can <br /> <br />be made in a Salinity Control Contract: <br /> <br />(1) All actual costs of operation and mai:Cltenance of the <br />lateral system will be borne by the United States. <br /> <br />(2) Funds for payment of all costs wi 11 b,,, supplied to the <br />District in advance or currently and not in the fiscal <br />year following the fiscal year in whi,~h such costs were <br />incurred. <br /> <br />A policy decision concerning the above mat-ters must be <br /> <br />obtained from the Secretary (or the Bureau of R'~clamation on his <br /> <br />behalf). Moreover, in view of present wording of the Salinity <br /> <br />Control Act, it may be that such ~ct would have to be amended in <br /> <br />order for the contractual assurances desired by the Districts to <br /> <br />be effectively given in a Salinity Control Contract. <br /> <br />III. ADEQU~CY OF EXISTING STATUTORY I,UTHORITY <br /> <br />State statutes, presently in force governing the organization <br /> <br />and operation of irrigation districts consist of the Irrigation <br /> <br />District Law of 1905, 37-41-101 C. R. S. as amendE,d, (the "Law of <br /> <br />1905"), the Irrigation District Law of 1921, 37-.42-101 et ~., <br /> <br />C.R.S. (the "Law of 1921") and the law enacted in 1935 relating to <br /> <br />Irrigation Districts of 1905 and 1921, 37-43-101 et seq., C.R.S. <br /> <br />-5- <br />