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

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f. To sue and be sued in its own n~me.

g. To adopt, by resolution, pOliciJ and/or procedures respecting the exercise
of its powers and carrying out of its purpose. I

h. To exercise any other powers thlt are essential to the provision of
functions, services, or fadlities by the Association and that are specified in this
Agreement or in any separate agreement or agr~ements among the Association, the
Parties, the United States, or others.

2.3 ALP Operation and Maintenance Costs. The Parties shall provide for payment to
the Association of funds for operation and maintenanc~ of the ALP, including funds for services
rendered by the Association, third parties, acquisition df real and/or personal property,
acquisition of power and all other materials and servic~s required for operation and maintenance
of the ALP. The allocation of such costs are set forth iri detail in the attached ALP Cost
Allocation and Water Release Operation Agreement, atbched hereto as Exhibit A.
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2.4 Water Release Operations. .__Th~_1\~_~~<;~I~~i~~_~m.c~~p_e~~~_~_I1~~~~~_~ry_~~!h_~~Y_____/
legally-authorized entity carrying out water release op~rations from the ALP to affect releases of
water from the ALP to the Parties and their successors or assigns that receive and use ALP water
allocated by statute or contract to the Parties as set forth in the ALP Cost Allocation and Water
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Release Agreement, attached hereto as Exhibit A. The Association shall operate the ALP in
accordance with applicable decrees held by the Southwestern Water Conservation District and
will cooperate with the SWCD in making the rights under the decrees absolute.
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2.5 Participation of the Bureau of Reclamation in the Association The Bureau of
Reclamation, while not a Member of the Association, Will be paying the fixed operation and
maintenance costs of the Southern Ute Indian Tribe andll the Ute Mountain Ute Tribe for a
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number of years as set forth in the Enabling Law. The Parties and Reclamation have consulted
and agree on the need to have Reclamation closely involved in the development of the annual
operation and maintenance budget. Accordingly, the Association will provide a draft budget to
Reclamation two months prior to the Association's adoption of the annual budget. Reclamation
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will have thirty days from date of receipt of the draft bu~get to review and provide comments to
the Association. The Association shall consider any su~mitted Reclamation comments prior to
adoption of the annual budget. This provision shall be included in the Association's bilateral
agreement with Reclamation for the transfer of operatio~s and management to the Association.

2.6 Association Management Each Membbr of the Association shall designate
from time to time its voting representative and an altern~te to serve on the Association's
Management Committee, which shall conduct the businJss of the Association as set forth in
section 3 below. '

3. THE MANAGEMENT COMMITTEE

3.1 General Powers. All powers of the Association shall be exercised by or under the
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Deleted: The Association shall operate
the ALP in accordance with applicable
decrees held by the Southwestern Water
Conservation District and will cooperate
with the SWCD in making the rights
under the decrees absolute_

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