BOARD00151 ‎(2)‎

• Board Meeting Date: 3/12/2007
• Description: WSP Section - Animas-La Plata Project Updates - Intergovernmental Agreement Establishing the ALP Operations and Maintenance Association and Proposed Concept Paper
• Board Meetings - Doc Type: Memo

8.

In years in which there is not an adhuate project water supply to provide each project
participant with the full amount of its requested portion of its Statutory Water Allocation,
each participant shall receive its pr6portionate share of the available water supply based
on the relationship that its Statuto~ Water Allocation bears to the 57,100 acre feet of
water which is the annual average depletion for the Project. The project participants shall
agree on a monthly delivery schedJle in any such year. In the event that a participant is
not planning to use, or has not conti-acted with another entity to use, all of its Statutory
Water Allocation during a water yebr in which there is not a full project water supply, the
amount of the uncommitted project!water supply shall be available for use by any other
participant which does not receive all of its Statutory Water Allocation which it or its
contractors plan to use in the year iA question.
I
I
(j)&M Costs
I
I

9. Project participants shall advise the IIPOC of their anticipated annual and, thereafter
monthly, water demands for the upcoming 12 months by April 1 0 of each year.

,

10. The POC shall assess each project ~articipant its projected share of the annual fixed
O&M costs by October 1 of each ye,ar. Project participants shall pay such assessments
by October 30 ofthat year.

11.

The POC shall assess each project Pflrticipant its projected share of the annual variable
O&M costs by April 30 of each yea~. Project Participants shall pay such assessments by
May 31 of that year. After the Proje,ct has been in operation for 5 years, the POC may, at
its sole discretion, establish penaltie~ to be assessed in the event in the event that a
project participant's monthly demand schedule varies from the amount of water actually
taken by that participant, provided t~at in no event shall such penalties be applied to such
variances of less than 10%. I

12.

Each project participant's account shall be reconciled on October 30 of each year.
I

13.

Fixed O&M costs shall be allocated pn the basis of the Statutory Water Allocation
dedicated to each project participant.1 Fixed 0& M costs are all costs except variable
costs. '

14.

Variable O&M costs shall be allocated on the basis of the project water supply used by
each project participant. Variable O~M costs are all power costs required to refill
Project storage to replace water relea~ed from storage, except for (1) those power costs
attributed to replacement of evaporation at Ridges Basin Reservoir and (2)[ the cost of
. I
power to pump water to the City ofqurango?]

15.

The Ute Mountain Ute Tribe and the Southern Ute Indian Tribe each shall deposit in a
I
fund for the payment of the ALP O&M, [$2.5?] million from that portion of its Tribal

Page 2 of 4
I

.

.

.