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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />1072 <br /> <br />DRAFT <br /> <br />the surcharges described in section 8(d)(4), shall be credited first to annual operations and <br /> <br />maintenance costs and then to the Reclamation fund, to be used exclusively for the purpose of <br /> <br />financing extraordinary operations and maintenance, rehabilitation and replacements of project <br /> <br />facilities." <br /> <br />"Sec. 10. Non-project water diverted, stored, impounded, pumped, or conveyed under a <br /> <br />contract entered into pursuant to section 8 shall be exempt from any acreage limitation provisions <br /> <br /> <br />of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supplementary <br /> <br /> <br />thereto, including, but not limited to, the Reclamation Reform Act of 1982 (96 Stat. 1263,43 <br /> <br /> <br />U.S.c. 99390aa - 390zz-I) and from any farm unit size limitations established pursuant to 16 <br /> <br /> <br />U.S.C. 9590z-2(c)(5); Provided, however, that in the event such non-project water is <br /> <br /> <br />commingled with project water in Reclamation project facilities, and the resulting commingled <br /> <br />supply is used to irrigate lands in a project contractor's service area, then such commingled water <br /> <br />shall bear the same acreage limitations or farm unit size limitations as the project water unless-- <br /> <br />(a) contract provisions are in effect which provide that project or non-project water, or <br /> <br />both, will be accounted for on a quantitative basis, that project water will not be delivered to <br /> <br />ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the <br /> <br />project water; and <br /> <br />(b) the charges for the use of the excess capacity include an appropriate interest <br /> <br />component, as determined by the Secretary." <br /> <br />"Sec. II. Excess water storage capacity in certain east slope facilities to divert, store, <br /> <br />impound, pump or convey non-project water made available under contracts executed pursuant to <br /> <br />BURECOP I <br />