Page:United States Statutes at Large Volume 102 Part 4.djvu/1037

 PUBLIC LAW 100-675—NOV. 17, 1988

102 STAT. 4007

basis, based on ecological equivalency, and shall be implemented concurrent with construction of the works. The Sec- Public lands. retary shall make available such public lands as he deems appropriate to meet the requirements of this subsection. The Secretary is authorized to develop ground water, with a priority given to nonpotable sources, from public lands to supply water for fish and wildlife purposes. (b) OPERATION AND MAINTENANCE DETERMINATION.—The Secretary shall determine the impact of the works on the cost of operation and maintenance and the existing r^ulating and storage capacity of the All American Canal and its Coachella Branch. If the works result in any added operation and maintenance costs which exceed the benefits derived from increasing the regulating and storage capacity of the canals to the Imperial Irrigation District or the Coachella Valley Water District, the Secretary shall include such costs in the funding agreement for the works. (c) CONSTRUCTION AND FUNDING AGREEMENT.—The Secretary, subject to the provision of section 205 of this title, may enter into an agreement or agreements with one or more of the California Contractors for the construction or funding of all or a portion of the works authorized in subsection (a) of this section. The Secretary shall ensure that such agreement or agreements include provisions setting forth— (1) the responsibilities of the parties to the s^reement for funding and assisting with implementing all the duties of the Secretary identified in subsections (a) and (b) of this section; (2) the obligation of the Participating Contractors to pay the additional costs identified in subsection (b) of this section as a result of the works; (3) the procedures and requirement for approval and accept- Safety. ance by the Secretary of such works, including approval of the quality of construction, measures to protect ^ e public health and safety, mitigation or replacement, as appropriate, of fish and wildlife resources or values, and pnx^ures for operation, maintenance, and protection of such works; (4) the rights, responsibilities, and liabilities of each party to the agreement; (5) the term of such agreements which shall not exceed 55 years and may be renewed if consented to by Imperial Irrigation District and Coachella Valley Water District according to their respective interests in the conserved water. If the funding agreements are not renewed, the Participating Contractors shall be compensated by the Imperial Irrigation District or the Coachella Valley Water District for their participation in the cost of the works. Such compensation shall be equal to the replacement value of the works less depreciation. Such depreciated value is to be based upon an engineering analysis by the Secretary of the remaining useful life of the works at the expiration of the funding agreements; (6) the obligation of the Participating Contractors or the United States for repair or other corrective action which would not have occurred in the absence of the works in the case of earthquake or other acts of God; (7) the obligation of the Participating Contractors or the United States to hold harmless Imperial Irrigation District and Coachella Valley Water District for liability to third parties

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