2013-05-09_HYDROLOGY - M2009048 - Laserfiche WebLink

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1. TERM OF CONTRACT (a) This contract shall be effective for 40 years from the date of execution. (b) The Contractor may terminate this contract at any time. (c) Termination as alcove provided shall be accomplished by written notice by the Contractor to the United States as provided in Article 6(B) below, at least 1�ear prior to the date of such termination. (d) Upon failure of the Contractor to perform its obligations under this contract, the United States will notify the Contractor in writing of the intent to terminate this agreement. The said Notice of Termination shall specify each failure of the Contractor, and shall further provide that the Contractor may, within a 90 -day period from the date of said notice, present a detailed program to correct such deficiencies, and the United States shall review and reasonably accept such corrections and thereby waive the termination notice. 2. DELIVERY OF WATER (a) The Contracting Officer, during the term of this contract shall release water, not to exceed 30.0 acre -feet at the outlet works of the Blue Mesa Dam. (b) Requests for the release of water under this contract, from Blue IVlesa Reservoir shall be made by the Colorado Division of Water Resources, Water Division 4 Engineer by calling the Water Management Group at the Western Colorado Area Office of the Bureau of Reclamation at (970) 248 -062 or (970) 248 -0600. (c) The Contractor shall have no holdover storage rights in Blue Mesa Reservoir from year to year. Any water purchased hereunder not called for by the end of each calendar year shall become integrated with the water supply for all purposes of the Blue Mesa Reservoir and be available for all purposes at that tune. 3. RATE AND METHOD OF PAYMENT FOR WATER (a) The Contractor agrees to pay annually to the United States for the quantity of water for which it has contracted, whether or not the water is actually released from Blue Mesa Reservoir. The payment rate for municipal water will be reviewed and adjusted annually in accordance with the Debt Servicing Methodology used for the Colorado River Storage Project. An adjustable charge for operation and maintenance (O &M) expenses, currently at a rate of $1 per acre -foot, will be added annually to the municipal rate. The 2011 Colorado River Storage Project municipal tikater rate has been set at $83.28 per acre -foot plus $1.00 per acre -foot for O &M expenses. (b) The first annual payment in the amount of $2,28.40 for 30.0 acre -feet of water shall be made by the Contractor upon execution of the contract.