2012-12-07_HYDROLOGY - M1994005 - Laserfiche WebLink

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