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Show CHAPTER III 85 (2) Grant of Right-of-Way and Easements, with the consent of the Tribe, pursuant to 25 U.S.C. Sec. 323, from the Secretary of the Interior to the Navajo Project Cotenants, dated December 10, 1969, for the plantsite, rail loading site, ash disposal area, and related facilities, approved January 19, 1971. (3) Contract for Water Service from Lake Powell for the Generating Station, between the United States and Salt River Project, dated January 17, 1969, No. 14-06-300-5033. It provides that the Salt River Project may divert up to 40,000 acre-feet a year from Lake Powell and may consumptively use up to 34,100 acre-feet a year in the Generating Station at an annual charge of $7 per acre-foot. A 40-year term is provided, with options to extend. The navajo Tribal Council has enacted two resolutions relating thereto, CD 108-68, dated December 11, 1968, and CJW-69, dated June 3, 1969. The contract was assigned by the Salt River Project to the other non-Federal participants on December 22, 1969. (4) Navajo Project participation agreement, No. 14-06-300-2131, among the Navajo Project Cotenants and the United States, dated as of September 30, 1969. This agreement sets forth the ownership interests in the Generating Station and the Transmission System. It covers the relationship between the Salt River Project and the United States and requires the consent of the United States to all Project agreements which the Salt River Project may enter into where the United States is not a party; sets the basic terms and conditions and the obligations of the parties for construction, operation and maintenance of the Navajo Project; and may be superseded, in whole or in part, by subsequent project agreements. The Participation Agreement provides that if the Salt River Project should incur any liability or burden because of its relationships with the United States, they shall be shared among all the coowners on the basis of their ownership interests in the Generating Station. It also provides clauses with regard to defaults, resolution of disputes, insurance coverages, and the division of any liabilities due to property damage or personal injuries which may exceed or may not be covered by the insurance required. The term of the Participation Agreement is for the period needed for completion of all the Project agreements or, lacking completion, for a 50-year term. (5) Contracts dated September 30, 1969, between the United States and each of the cotenants and between the United States and Southern California Edison Company for "Interim Sales of United States Entitlement in the Navajo Project." These contracts, which are listed below and are also termed "layoff contracts," dispose of the United States Navajo Project entitlement of power and energy through September 30, 1989, subject to termination by the United States upon 5 years written notice effective on or after January 1, 1980, if the power and energy sold thereunder is required by the United States for the other purposes of the Colorado River Basin Project Act. The background and scope of these contracts are more fully covered hereinafter. Contracts for "Interim Sales of United States Entitlement Contract No. No. 14-06-300-2136 No. 14-06-300-2137 No. 14-06-300-2134 No. 14-06-300-2138 in the Navajo Project" (Layoff Contracts) Contractors Percentage of U.S. Entitlement * Capacity Salt River Project 19.6% for 107.2 MW Arizona Public Service Company 3.0% for 16.4 MW Nevada Power Co. 2.5% for 13 7 MW Tucson Gas & Electric Company 1.6% for 8.7 MW |
