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<br />The ALP Compact does not address Colorado delivery requirements to New Mexico. <br /> <br />SECTION 1.B. COMPACT IMPAIRMENT METHODOLOGIES <br /> <br />Whether an RICD will impair Colorado's ability to utilize its compact entitlements has not been <br />defined either technically or legally in previous RICD decrees. Since there is no precedent, this <br />subsection utilizes several methodologies to determine whether the Durango RICD would cause <br />Compact Impairment and evaluates Durango's methodologies. <br /> <br />)?:t The Durango RICD application has significantly greatt::r potential to cause Compact Impairment <br />Ii ~ than any other RICD application because the RICD is located only 20 miles fi:om the stateline. <br />'\ (0 c..' The closest any other RICD is to a stateline is about 150 miles. Therefore, there is little ,; <br />,~r opportunity for Colorado to utilize water from the Animas River and its tributaries below the ~ ,,'J1J; <br />~() RICD water right. I r~ <br />/ <br />\ A~~ A critical aspect of evaluating Compact Impairment is Colorado's present non-utilization of its <br />\ Vi~ full apportionment of Compact water. Under the existing Hydrologic Determination, about 3.1 <br />JAV.\ maf of depletions are available to Colorado, which presently depletes only approximately 2.5 fj~(l..,;,,~,J- <br />r - mal'. ?tK <br /> <br />'/Impair is defined by the Random House College Dictionary as "to make worse or cause to <br />,/ ~ become worse; diminish in value, excellence, etc,; weaken or damage". No threshold amount is <br />I~~ ~ required in order to be. considered an impairment; for example, if the RICD precluded one acre- <br />'( ,I' foot of upstream Compact depletion, which would otherwise occur, Colorado's ability to utilize <br />its Compact depletion would be impaired. <br /> <br />Section 1.B.1 "Compact Over Delivery" Methodology r~#-,~~~ <br />Whether the Durango RICD will cause Compact Impairment can be evaluated by analyzing f) ;p.lI~JP ~~eS <br />whether the RICD will cause more water to be delivened to New Mexico than is required undey" t It'~ <br />the UC Compact. ~~ f1{11 <br /> <br />The UC Compact is the only compact that specifically addresses the amount of water Colorado <br />must deliver to New Mexico. The UC Compact requires Colorado to deliver adequate water to <br />meet New Mexico's UC Compact apportionment. Th(: Animas River delivers water for use by <br />New Mexico within the Animas River basin and the San Juan River Basin downstream of the <br />Animas River. The Animas River cannot provide water to meet New Mexico's UC Compact <br />entitlement in the San Juan River upstream of its confluence with the Animas River. There are <br />two general areas that Animas River water can provide UC Compact deliveries, the Animas <br />River and the San Juan River below the Animas River. <br /> <br /> <br />This evaluation is to assess if the Durango RICD would cause more water to be delivered to New <br />Mexico on the Animas River than is required by the UC Compact. The following analysis <br />estimates the average monthly UC Compact deliveries that Colorado may be required to provide <br />if New Mexico called water. <br /> <br />\~ 1 ~~ <br />~'v ~~ ~\\ <br />~,\~ <br />