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2025-09-10_HYDROLOGY - M1994005
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2025-09-10_HYDROLOGY - M1994005
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Last modified
9/11/2025 7:41:42 AM
Creation date
9/11/2025 7:21:06 AM
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Template:
DRMS Permit Index
Permit No
M1994005
IBM Index Class Name
Hydrology
Doc Date
9/10/2025
Doc Name
Substitute Water Supply Plan
From
Division of Water Resources
To
DRMS
Email Name
DMC
THM
Media Type
D
Archive
No
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5. GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT <br /> (a) The obligation of the Contractor to pay the United States as provided in this contract <br /> is a general obligation of the Contractor notwithstanding the manner in which the obligation may <br /> be distributed among the Contractor's water users and notwithstanding the default of individual <br /> water users in their obligation to The Contractor. <br /> (b) The payment of charges becoming due pursuant to this contract is a condition <br /> precedent to receiving benefits under this contract. The United States shall not make water <br /> available to the Contractor through the Colorado River Storage Project, Aspinall Storage Unit <br /> facilities during any period in which the Contractor is in arrears in the advance payment of water <br /> rates due the United States. The Contractor shall not deliver water under the terms and <br /> conditions of this contract for lands or parties that are in arrears in the advance payment of water <br /> rates as levied or established by the Contractor. <br /> 6. MEASUREMENT AND RESPONSIBILITY FOR DISTRIBUTION <br /> (a) The water to be released for the Contractor shall be measured by facilities of the <br /> United States and delivered into the Gunnison River at the outlet works of Crystal Dam. The <br /> Contractor shall suffer all distribution and administration losses from the point of such delivery <br /> to the place of use. <br /> (b) The Contractor shall hold the United States harmless on account of damage or claim <br /> of damage of any nature whatsoever, including property damage, personal injury, or death arising <br /> out of or connected with the control, carriage, handling, use, disposal, or distribution of such <br /> water by the Contractor. <br /> (c) This contract and all water taken pursuant hereto shall be subject to and controlled by <br /> the Colorado River Compact, dated November 24, 1922, and proclaimed by the President of the <br /> United States June 25, 1929, the Boulder Canyon Project Act approved December 21, 1928, the <br /> Boulder Canyon Project Adjustment Act of July 19, 1940, the Upper Colorado River Basin <br /> Compact dated October 11, 1948, the Mexican Water Treaty of February 3, 1944, and the <br /> Colorado River Basin Project Act of September 30, 1968, Public Law 90-537. <br /> (d) In the event water available to the Contractor is required to be curtailed under and by <br /> reason of the provisions of the foregoing acts, including the reaching of maximum use of water <br /> allotted to the State of Colorado, no liability shall attach to the United States for such <br /> curtailment, and the Contractor agrees to reduction of the amount of water taken hereunder as the <br /> Secretary determines necessary to comply with the provisions of said acts. <br /> 4 <br />
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