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

Draft 3.08.07 (Redline)

INTERGOVERNMENT AL AGREEMENT

.

I
ESTABLISHING THE ANII\j1AS-LA PLATA
OPERATIONS AND MAINTENANCE ASSOCIATION
I

This Intergovernmental Agreement ("Agreement") is entered into effective on this
day of ,2007 by and among th& State of Colorado; the Colorado Water
- I
Resource~ and Power Development Authority; the San ~uan Water Commission, a political
subdivision of the State of New Mexico; the La Plata \\later Conservancy District, a political
subdivision of the State of New Mexico; the Southern Ute Indian Tribe, a federally recognized
Indian nibe; the Navajo Nation, a federally recognized Ibdian tribe; and the Ute Mountain Ute
Tribe, a federally recognized Indian tribe; ("the Parties"',or the "Members").
I
I
REaT ALS I

,

1.1 The Animas La Plata Water Project ("ADP") comprises a reservoir, pumping
I
plant, inlet conduit, and other appurtenant facilities to di,vert and store water from the Animas
River for average annual depletion of 57, I 00 acre-feet of water for municipal and industrial
water supply. The ALP was authorized by statutory en~ctments, including the Colorado River
I
Storage Project Act of 1956, the Colorado River Basin ~oject Act of 1968, the Colorado Ute
Indian Water Rights Settlement Act of 1988, and the Colorado Ute Settlement Act Amendments
of 2000 ("Enabling Law"). Construction of the ALP byithe United States began in 2001, and the
ALP is anticipated to be operational beginning in 201 i.

1.2 The .e~!tj_~s_ ~~~_~~~_~_ g~_~~~_J!l~I1~~ _~~_ g~_~~~_J!l~Il_t_a! _~~~_~j~j~j~Il_~_~!!!H!~~!p_~~~~Il_t_ n_ __ - - - - { Deleted: p
to statute, court decrees, permits, and/or contracts, to receive and use water from the ALP, who

:~~ea;~e~~~~~~~~~;;~~l~~~~~~{r~}:;~~:~:~~~~C:~i~:;~~i~W~~~~:~gili~::t:~ct!hi~~::::::::::{ :::: ::tled

parties to provide certain functions and services with regard to the operation and maintenance of
~AL~ '

~

1.3 The Animas La Plata Water Conservancy, District assigned its interest in the ALP
under the Enabling Law ("ALPWCD Interest") to the Colorado Water Resources and Water
Power Development Authority in 2001. In 2005, the AUPWCD and the CWRPDA entered into a
contract whereby ALPWCD may purchase back a portio~ of the ALPWCD Interest.

1.4 The.f~r:t.t~~,_~~~_~~Y_~J~g~t4!l!t~~_l!1l_4_ ~~I.ig~~i_~,!s ull_4~~_~~e_EIl_l!~1~ng ~~":'L_hn_n-------{ Deleted: p
desire to create an association, as a separate legal entity, to enter into appropriate agreements and
otherwise to operate and maintain or cause the operatio~ and maintenance of the ALP. The
association shall be organized under the Colorado Unif~rm Unincorporated Nonprofit
Association Act, 7-30-101 et seq CRS (2006)(the "Act") and shall be made up of members who
mayor may not be Parties ("Members"). '

.