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<br />JUL.18.1997 4:16PM <br /> <br />NO.480 P.4/9 <br /> <br />7. Will member entitles in the SJWC be affected by e depletions <br />limitation? <br /> <br />No. The SJWC is allocated 10.400 AFY of depletions, en ugh to allow all <br />the member entities to fully use their permits to divert. T e permits were <br />Issued by the State Engineer In 1996, and now the dlversio s are limited to <br />the depletion amounts, but once return flow plans are accep by the State <br />Engineer, the entities wll1 be able to divert up to the full mount of their <br />permits. <br /> <br />See the attached Exhibit A for the permit diversion amoun <br /> <br />Only the reserve amount of 10,000 AFY does not have <br />depletion right now. "'e SJWC's pennit for the reserve <br />intact, but the permit cannot be exercised at this time. H <br />will be able to divert up to 20,800 AFY now. even before <br />begun, and that will be enough water for some time to co <br /> <br />8. Are ltle Colorado Indian tribes' water rights settled? <br /> <br /> <br />corresponding <br />mount remains <br />ver, the entities <br />nstruction has <br />e. <br /> <br />Yes. The two Ute tribes agreed that the allocation of e depletions will <br />resolve their water rights claims. Like the SJWC, they ar taking a hit that <br />prevents the full exercise of their rights, but they recognl:z:e that reaChing an <br />agreement, and having a project n\lW, are valuable enou to justify giving <br />up some rights to water now. -Under the old ALP, the 0 tnlles were to <br />receive one-third of the water in the project. Now, in the 'sed project, they <br />receive about two-thirds of the available water. <br /> <br /> <br />9. Are other water rights affected by the revised proJ <br /> <br />No. All the parties will maintain their "paper" water rights s provided under <br />state law or in the Settlement Act. However, as with th SJWC's reserve <br />amount, the parties will not be able to exercise those righ fully unless and <br />until they receive deDletions that allows them to use the rl hts and not harm <br />the endangered fish. <br /> <br />10. How are New Mexico Irrigators who were benefici ries of the ALP <br />affected by the revised project? <br /> <br />The irrigators In New Mexico and Colorado took the bigg st hit in depletion <br /> <br />SJWC Q&A OD ALP Agzoeement. in Concllpt <br />July B, 1997 <br />Page 3 <br />