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<br />. <br /> <br />. <br /> <br />. <br /> <br />Draft February 9,2007 <br /> <br />PROPOSED CONCEPTS FOR THE <br />OPERATION AND MAINTENANCE <br />OF THE ANIMAS -LA PLATA PROJECT <br /> <br />1. This concept paper is for discussion purposes only. It has not been approved by the <br />governing bodies of any of the Animas-La Plata participants. <br /> <br />2. The Animas-La Plata Project ("Project") shall be operated to optimize the project water <br />supply which shall be allocated to the project participants on the basis of their Statutory <br />Water Allocation. The Operation, Maintenance and Replacement ("O&M") costs shall <br />be allocated and paid as described in this document. <br /> <br />Water Supply <br /> <br />3. <br /> <br />The water supply for the Project shall be determined on an annual basis utilizing a water <br />year of October I to September 30. Each project participant shall be entitled to receive <br />its Statutory Water Allocation, provided that in the event of shortages in the annual water <br />supply for the Project, the water shall be allocated as described in paragraph 7. A project <br />participant may elect to take less than its full Statutory Water Allocation in any water <br />year. A project participant may only take more than its Statutory Water Allocation ifit <br />agrees with another project participant to use all or a portion of that participant's <br />Statutory Water Allocation. <br /> <br />4. <br /> <br />The annual and monthly allocations for each project participant shall be measured (I) <br />from the Animas River at the point of diversion for the Durango Pumping Plant or (2) <br />from Ridges Basin Reservoir. <br /> <br />5. <br /> <br />Nothing in this agreement is intended to prohibit a project participant from using <br />additional water available below the measuring points described above, provided that the <br />participant has sufficient [non-project? ] water rights to make use of such water. <br /> <br />6. <br /> <br />On the first of each month, the Project Operating Committee ("POC") shall (1) account <br />for the amount of water used by each project participant, and (2) identify the amount of <br />water remaining available to each project participant on the basis of the projected water <br />supply and the amount of water used to date. On April I, the POC shall also project the <br />water supply for the Project for the upcoming 12 months. <br /> <br />7. <br /> <br />Each project participant shall advise the POC of (I ) the amount of water it wishes to <br />receive each month and (2) the monthly amount of water which it anticipates requesting <br />for the remainder of the water year. Such notice shall be provided by the 10th day of the <br />preceding month. The POC shall determine the notice requirements for the establishment <br />of the daily flow rates to meet the requested monthly amounts. <br /> <br />Page I of 4 <br />