Sec. 4. EXISTING CONTRACTS

508 words·~2 min read·/statute-compilations/comps-10933/sec-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 4 EXISTING CONTRACTS ###

(a)Deer Creek Division Construction Contract Notwithstanding the conveyances under subsections

(a)and (b)(1) of section 3, and subject to the terms of the Agreement, any portion of the Deer Creek Division, Provo River Project, Utah, that is not conveyed under that section shall continue to be operated and maintained by the Association, in accordance with the contract numbered I1r-874, dated June 27, 1936, and entitled the “Contract Between the United States and Provo River Water Users Association Providing for the Construction of the Deer Creek Division of the Provo River Project, Utah”. ###

(b)Provo River Project and Jordan Aqueduct System Contracts Subject to the terms of the Agreement, any written contract of the United States in existence on the date of enactment of this Act relating to the operation and maintenance of any division or facility of the Provo River Project or the Jordan Aqueduct System is confirmed and declared to be a valid contract of the United States that is enforceable in accordance with the express terms of the contract. ###

(c)Use of Central Utah Project Water ####

(1)In general Subject to paragraph (2), any entity with contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity rights in existence on the date of enactment of this Act may, in addition to the uses described in the existing contracts, use the capacity rights, without additional charge or further approval from the Secretary, to transport Central Utah Project water on behalf of the entity or others. ####

(2)Limitations An entity shall not use the capacity rights to transport Central Utah Project water under paragraph

(1)unless— #####

(A)the transport of the water is expressly authorized by the Central Utah Water Conservancy District; #####

(B)the use of the water facility to transport the Central Utah Project water is expressly authorized by the entity responsible for operation and maintenance of the facility; and #####

(C)carrying Central Utah Project water through Provo River Project facilities would not— ######

(i)materially impair the ability of the Central Utah Water Conservancy District or the Secretary to meet existing express environmental commitments for the Bonneville Unit; or ######

(ii)require the release of additional Central Utah Project water to meet those environmental commitments. ###

(d)Authorized Modifications The Agreement may provide for— ####

(1)the modification of the 1936 Repayment Contract for the Deer Creek Division of the Provo River Project to reflect the partial prepayment, the adjustment of the annual repayment amount, and the transfer of the Provo Reservoir Canal and the Pleasant Grove Property; and ####

(2)the modification or termination of the 1938 Repayment Contract for the Aqueduct Division of the Provo River Project to reflect the complete payout and transfer of all facilities of the Aqueduct Division. ###

(e)Effect of Act Nothing in this Act impairs any contract (including subscription contracts) in effect on the date of enactment of this Act that allows for or creates a right to convey water through the Provo Reservoir Canal.